Pondo [Ponda] and Kombo for Mt Hagen Young Men's Christian Association Inc v Mamun Investments Pty Ltd, Noah Warekia, Kala Swokin, and The Independent State of Papua New Guinea [1991] PNGLR 337

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1991] PNGLR 337
• Date: 06 September 1991
• Year: 1991

Full Title: Pondo [Ponda] and Kombo for Mt Hagen Young Men's Christian Association Inc v Mamun Investments Pty Ltd, Noah Warekia, Kala Swokin, and The Independent State of Papua New Guinea [1991] PNGLR 337

National Court: Woods J

Judgment Delivered: 6 September 1991

1 Land Act—lease—special purposes lease—transfer of—burden of the special purpose runs with the land

2 REAL PROPERTY—State land leases—Special purposes lease—Transfer—Burden of special purpose runs with land—Land Act (Ch185).

3 VENDOR AND PURCHASER—Sale of land—Special purposes lease—Burden of special purpose lease runs with land—Land Act (Ch185).

Held:

The burden of the specific purposes of a special purposes lease under the Land Act (Ch185) runs with the land and is binding on a purchaser of the land.

Mudge v Secretary for Lands [1985] PNGLR 387, Papua New Guinea Air Pilots Association v Director of Civil Aviation and Air Niugini [1983] PNGLR 1 and SCR No 4 of 1980; Re Petition of MT Somare [1981] PNGLR 265 referred to

Application

This was an application pursuant to s155 of the Constitution, for, inter alia, declarations as to the validity and effect of the sale of land the subject of a special purposes lease under the Land Act (Ch185).

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Woods J: This is an application under s155(4) of the Constitution and the applicants are seeking declarations:

(1) that the sale of property namely section 13, allotments 1 and 2, Mt Hagen is invalid and of no legal affect;

(2) that the property section...