Application Under Section 155(2) (B) of the Constitution and In The Matter of Part VIII of the Organic Law on National and Local Level Government Elections; Wari James Vele v Powes Parkop (2008) SC945
Jurisdiction | Papua New Guinea |
Date | 30 October 2008 |
Citation | (2008) SC945 |
Docket Number | SC REVIEW No. 51 of 2007 |
Court | Supreme Court |
Year | 2008 |
Full Title: SC REVIEW No. 51 of 2007; Application Under Section 155(2) (B) of the Constitution and In The Matter of Part VIII of the Organic Law on National and Local Level Government Elections; Wari James Vele v Powes Parkop (2008) SC945
Supreme Court:
Judgment Delivered: 30 October 2008
SUPREME COURT - CIVIL - Election Petition Review Rules - Rules 5/1/7/, 5/10/30 and 5/10/32 - application for leave not made within 14 days of decision - no application filed for extension of time or to dispense with Rule - application pursuant to Rule 5/10/32 made in the course of submissions - Considerations for the application of Rule 5/10/32 discussed.
Facts
The Respondent applies to strike out the Applicant's application for leave to review the decision of the National Court which dismissed the Applicant's petition against the election of the Respondent as governor of the National Capital District in the 2007 National Elections.
Held
1. An application for leave to review a decision on an election petition not filed, served and moved before a judge within 14 days of the decision sought to be reviewed, where extension of time is not granted within that 14 days, is rendered incompetent by the Rules, subject to any application under Rule 5/10/32.
2. The purpose of the Election Petition Review Rules is:
a) not to treat an election petition review as an ordinary matter but as a special matter requiring the applicant's constant and detailed attention;
b) to closely manage the review process;
c) to reduce to the minimum the time between the various steps in the review.
3. The times imposed by the Rules are tight and where prompt application is made for relief within the mandatory 14 days accompanied by a reasonable explanation, many circumstances will justify an extension of time under Rule 5/1/7 or after that time a dispensation from the requirements of the Rules under Rule 5/10/32;
4. An applicant under Rule 5/10/32 should explain (1) why a time limit was missed, a Rule not complied with or otherwise why dispensation is required, (2) any delay which has occurred in making the application, (3) that the relief sought by the applicant will not unduly prejudice the other party's case, (4) that the granted dispensation will enable all of the issues in contention to be promptly brought before the court without further delay.
PNG Cases Cited
Dick Mune v Paul Poto (No 2) [1997] PNGLR 356; Re Election of Governor–General (No 3) (2004) SC752; James Marabe v Tom Tomiape (No 2) (2007) SC856; Re Kunangel [1991] PNGLR 1; Ben Wafia v The State (2006) SC851; The State v Andrew Tovue [1981] PNGLR 8; SCR No.6 of 2008 Michael Laimo v Andrew Trawen, Electoral Commissioner of Papua New Guinea and John Ilam, Returning Officer for South Bougainville Open Electorate 22 August 2008, unpublished and unreported judgment of Kapi CJ; Avia Aihi v The State (No 1) [1981] PNGLR 81; Independent State of Papua New Guinea v Colbert [1988] PNGLR 138; Erie Ovako Jurvie v Bony Oveyara (2008) SC935
References
Constitution
Supreme Court Election Petition Review Rules
1. BY THE COURT: The National Court dismissed Mr Vele's petition against the election of Mr Parkop to the National Parliament in the 2007 National Elections. Mr Vele filed an application in the Supreme Court for leave to review the decision of the National Court, pursuant to the powers of review given to the Supreme Court by the Constitution, s155(2)(b).
2. Pursuant to the Constitution s184, the Supreme Court has made rules to govern reviews of election petition decisions. These are the Supreme Court Election...
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Review Pursuant to Constitution, Section 155(2)(b); Peter Charles Yama v Jerry Singirok and Electoral Commission (2020) SC1982
...the Court has held that the requirement to comply with the rules is not to be trifled with. The Supreme Court case of Vele v Parkop (2008) SC945, in dealing with Vele’s failure to file, serve and move an application within 14 days of the decision sought to be reviewed, said this: “The purpo......
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In the matter of the Organic Law on National and Local-Level Government Elections and in the matter of Disputed Returns for the Yangoru-Saussia Open Electorate; Peter Wararu Waranaka v Andrew Trawen, Electoral Commissioner, Electoral Commission of Papua New Guinea and David Tobena, the Returning Officer for Yangoru-Saussia Open Electorate and Electoral Commission of Papua New Guinea and Richard Maru (2012) N4815
...Chan & Electoral Commission: EP No 12 of 2012 (Unnumbered & Unreported Judgment of 24th September, 2012); Wari James Vele v Powes Parkop (2008) SC945 RULING ON APPLICATION TO STRUCK OUT PETITION 1. MAKAIL, J: On 23rd August 2012, Moses Murray & Company Solicitors & Advocates Limited filed t......
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In the matter of application under Section 155(2) (b) of the National Constitution; In the matter of Part XVII of the Organic Law on the National and Local-level Government Elections; Michael Kandiu v Hon Powes Parkop and Cyril Retau and Ricky Fugunto and Electoral Commission of Papua New Guinea (2015) SC1597
...(2010) SC1056 Sir Arnold Amet v Peter Charles Yama (2010) SC1064 Special Reference by Morobe Provincial Executive) SC1089 Vele v. Parkop (2008) SC945 Waghi Savings and Loan Society Ltd v Bank of South Pacific Ltd (1980) SC185 Counsel: Mr P. Korowi, for the Applicant Mr T. Dawidi, for the fi......
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SC REVIEW (EP) NO 8 OF 2019; Application under Section 155(2)(B) of the Constitution and in the matter of Part XVIII of the Organic Law on National and Local-Level Government Elections; Philip Undialu v Francis M. Potape and Electoral Commission (2019) SC1885
...SC562 Miki Kaeok v. Rimbink Pato (2005) SC877 Salamo Elema, Insurance Commissioner v Pacific MMI Insurance Ltd (2007) SC1321 Vele v Parkop (2008) SC945 Hami Yawari v. Anderson Agiru (2008) SC948 Alina v Potape (2013) SC1235 James Marape v Peter O’Neill & Ors (2015) SC1458 Michael Kandiu v P......