Judicial Review Application by Andrew Posai [1995] PNGLR 350
Jurisdiction | Papua New Guinea |
Citation | [1995] PNGLR 350 |
Date | 30 August 1995 |
Court | National Court |
Year | 1995 |
Full Title: Judicial Review Application by Andrew Posai [1995] PNGLR 350
National Court: Sheehan J
Judgment Delivered: 30 August 1995
1 Administrative law—judicial review—application for leave—need to establish an arguable case
2 Constitutional law—Judicial review—Basis and scope of court's power, Constitution s155(4).
3 Premdas v The Independent State of Papua New Guinea [1979] PNGLR 329, R v Hillingdon London BC [1986] AC 484, Chief Constable of North Wales Police v Evans [1982] 1 WLR 1155 and Ridge v Baldwin [1964] AC 40 referred to
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Sheehan J: On 5 July 1995 a Tribunal constituted under the Organic Law on the Duties and Responsibilities of Leadership found the plaintiff guilty of misconduct in office on some 26 counts. The Tribunal was then addressed by both the Public Prosecutor and Counsel for the plaintiff "as to what penalty should be imposed upon the leader and the law relating to the powers of the Tribunal and what the law required as the relevant considerations".
On the following day 6 July 1995 the Tribunal delivered its written decision, the "Imposition Of Penalties" determining that on certain of the counts against the plaintiff it was appropriate that there should be a recommendation for dismissal from office and on others that there need be a reprimand only.
Pursuant to s28(1A)(2) of the Constitution the appropriate authorities acted in accordance with the Tribunal recommendation. The plaintiff was therefore reprimanded and dismissed from office.
The plaintiff now seeks leave to apply for judicial review of the...
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Application Pursuant to s155(4) by John Mua Nilkare before a tribunal appointed under the Organic Law on the Duties and Responsibilities of Leadership comprising His Honour Mr Justice Robert K Woods — Chairman, His Worship Mr Seri Seneka — Member, His Worship Mr Richard Koronai — Member
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Robmos Limited v Frederick M Punangi and Michael Thomas Somare and The Persons Named in Schedule 1 and The Independent State of Papua New Guinea (2008) N3372
...Cases Dr Rose Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122; Application of Demas Gigimat [1992] PNGLR 322; Application by Posai [1995] PNGLR 350; Air Niugini Limited v Beverly Doiwa – as Chairperson of the Industrial Relations Tribunal (2000) N1972; The Independent State of Papua New ......
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Application Pursuant to s155(4) by John Mua Nilkare before a tribunal appointed under the Organic Law on the Duties and Responsibilities of Leadership comprising His Honour Mr Justice Robert K Woods — Chairman, His Worship Mr Seri Seneka — Member, His Worship Mr Richard Koronai — Member
...460, Central Pomio Logging Corporation Pty Ltd v The Independent State of Papua New Guinea [1992] PNGLR 20, Application by Andrew Posai [1995] PNGLR 350, Avia Aihi v The State (No 1) [1981] PNGLR 81, SCR No 2 of 1981; Re S19(1)(f) Criminal Code [1982] PNGLR 150, The State v The Independent ......
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Peter Ipu Peipul v Hon Justice Sheehan, Mr Orim Karapo and Iova [Iovai] Geita (constituting the Leadership Tribunal), The Ombudsman Commission of Papua New and The Independent State of Papua New Guinea (2002) SC706
...v Burns Philp (PNG) Ltd [1988–89] PNGLR 122, Gabriel Dusava v Justice Teresa Doherty [1999] PNGLR 419 and Application by Andrew Posai [1995] PNGLR 350, Erikon Coffee Exporters v Papua New Guinea Coffee Industry Board [1992] PNGLR 56, SC Review No 1 of 1990; Re Recount of Votes [1990] PNGLR ......
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Mao Zeming v Justice Timothy Hinchcliffe, CBE and Frank Manue and Patrick Monouluk (2008) SC952
...Cases Central Pomio Logging Corporation Pty Ltd v The Independent State of Papua New Guinea [1992] PNGLR 20; Application by Andrew Posai [1995] PNGLR 350; Timothy Bonga v Justice Maurice Sheehan [1997] PNGLR 452; Mision Asiki v Manasupe Zurenuoc (2005) SC797 Overseas Cases Cited Re Beer and......
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Robmos Limited v Frederick M Punangi and Michael Thomas Somare and The Persons Named in Schedule 1 and The Independent State of Papua New Guinea (2008) N3372
...Cases Dr Rose Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122; Application of Demas Gigimat [1992] PNGLR 322; Application by Posai [1995] PNGLR 350; Air Niugini Limited v Beverly Doiwa – as Chairperson of the Industrial Relations Tribunal (2000) N1972; The Independent State of Papua New ......