OS (JR) 897 OF 2010; Justice Mark S. Sevua, CBE v Ano Pala, MP. As Chairman And Member Of The Judicial & Legal Services Commission and Judicial & Legal Services Commission and The Independent State Of Papua New Guinea (2011) N4336

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2011) N4336
• Date: 07 January 2011
• Year: 2011

Full Title: OS (JR) 897 OF 2010; Justice Mark S. Sevua, CBE v Ano Pala, MP. As Chairman And Member Of The Judicial & Legal Services Commission and Judicial & Legal Services Commission and The Independent State Of Papua New Guinea (2011) N4336

National Court: Hartshorn J.

Judgment Delivered: 7 January 2011

Application for Leave for Judicial Review

Facts:

The plaintiff applies for leave to judicially review the decision of the second and first defendants, the Judicial and Legal Services Commission and its Chairman made on 28th September 2010. The decision was to decline the request of the plaintiff for an extension of his retirement age from 60 to 65 years and was purportedly made pursuant to s7 (2) Organic Law on the Terms and Conditions of Employment of Judges.

Held:

1. If the relief sought was granted, it would serve no useful purpose.

2. There is no general duty to give reasons for administrative decisions as part of the principles of natural justice.

3. The Court is not satisfied that the material discloses what might on further consideration turn out to be an arguable case in favour of granting the plaintiff the relief that he seeks. For this reason and the further reason that even if the relief sought was granted, it would serve no useful purpose, the application should be dismissed.

Cases cited:

Papua New Guinea Cases

Ombudsman Commission v Donohoe [1985] PNGLR 348; NCDIC v Crusoe Pty Ltd [1993] PNGLR 139; Ila Geno v The State [1993] PNGLR 22; Stettin Bay Lumber Company Pty Ltd v Arya Ship Management Ltd (1995) SC488; Paul Pora v Justice Sakora [1997] PNGLR 1; John Mua Nilkare v Ombudsman Commission [1996] PNGLR 333; Ombudsman Commission v. Peter Yama (2004) SC747; Alphonse Hayabe v William Powi (2007) N3113; Samson David v Manasupe Zurenouc (2007) N3146

Overseas cases

Asha Foundation, R (On the Application of) v. Millennium Commission [2003] EWCA Civ 88; Inland Revenue Commissioners v. National Federation of Self-Employed and Small Businesses Ltd [1982] AC 617; R v. Civil Service Appeal Board; Ex parte Cunningham [1991] 4 All ER 310; R v. Higher Education Funding Council; Ex parte Institute of Dental Surgery [1994] 1 WLR 242

7th January, 2011

1. HARTSHORN J: The plaintiff, the Honourable Justice Mark Sevua, CBE, applies for leave to judicially review the decision of the second and first defendants, the Judicial and Legal Services Commission (JLSC) and its Chairman made on 28th September 2010. The decision was to decline the request of Sevua J for an extension of his retirement age from 60 to 65 years (JLSC decision) and was purportedly made pursuant to s7 (2) Organic Law on the Terms and Conditions of Employment of Judges (Organic Law).

2. Sevua J. submits amongst others that:

a) he was not given reasons for the JLSC decision contrary to the principles of natural justice and as such there is a suspicion that the JLSC decision was made without good reason or is tainted with bias,

b) the JLSC decision is void for unreasonableness as:

i) he...