Ron Napitalai for and on behalf of The Board of Appeal Committee of PNG Ports Corporation Limited and PNG Ports Corporation Limited v Casper Wallace (2010) SC1016
Jurisdiction | Papua New Guinea |
Date | 08 February 2010 |
Citation | (2010) SC1016 |
Docket Number | SCM 3 OF 2009 |
Court | Supreme Court |
Year | 2010 |
Full Title: SCM 3 OF 2009; Ron Napitalai for and on behalf of The Board of Appeal Committee of PNG Ports Corporation Limited and PNG Ports Corporation Limited v Casper Wallace (2010) SC1016
Supreme Court: Gavara Nanu, Hartshorn and Makail JJ.
Judgment Delivered: 8 February 2010
APPEAL - Appeal against grant of leave to judicially review—interlocutory judgment—whether trial judge fell into error - whether PNG Ports Corporation Limited a governmental or public body—whether terms and conditions of employment of Respondent set by statute—whether Respondent’s termination was of a private nature—whether remedy of judicial review available
Facts:
The respondent was granted leave to judicially review as to the termination of his employment with PNG Ports Corporation Ltd (PNG Ports). The appellants PNG Ports and its Board of Appeal Committee, obtained leave to appeal and now appeal the decision to grant leave to judicially review.
Held:
1. PNG Ports is not a governmental or public body as held by the trial judge.
2. The Employment Determination of 2002 does not apply to PNG Ports employees.
3. PNG Ports is not created by statute but is incorporated under the Companies Act.
4. The appellants have shown that the trial judge fell into error.
5. The respondent’s termination is of a private law nature. As such the remedy of judicial review is not available to him. Thus the trial judge fell into error in granting leave to the respondent for his termination from employment to be judicially reviewed.
Cases cited:
Curtain Bros (PNG) Ltd v UPNG (2005) SC788; Ereman Ragi v Joseph Maingu (1994) SC459; Garamut Enterprises Ltd v Steamships Trading Company Ltd (1999) SC625; Review Pursuant to Constitution, Section 155(2)(B); Application by Herman Joseph Leahy (2006) SC855; Young Wedau v PNG Habours Board [1995] PNGLR 357
8th February, 2010
1. BY THE COURT: The respondent was granted leave to judicially review as to the termination of his employment with PNG Ports Corporation Ltd (PNG Ports).
2. The appellants, PNG Ports and its Board of Appeal Committee, obtained leave to appeal and now appeal the decision to grant leave to judicially review.
3. In essence the grounds of appeal are that judicial review is not available as a remedy against PNG Ports and even if it is, there has been inordinate delay in seeking that remedy. Consequently the appellants submit, the trial judge fell into error in granting leave.
4. The respondent submits that judicial review is a remedy that is available to him, that the question of delay was not raised and that the trial judge did not fall into error.
5. The decision of the trial judge in granting leave to judicially review is an interlocutory judgment: Garamut Enterprises Ltd v. Steamships Trading Co Ltd (1999) SC625, Tony Kila v. Talibe Hegele (2007) SC855, and is the exercise by him of judicial discretion in considering an application under Order 16 Rule 3 National Court Rules. This court's role in an appeal...
To continue reading
Request your trial-
Ramu Nico Management (MCC) Limited and Mineral Resources Authority and Dr Wari Iamo In His Capacity as the Director of the Environment and Department of Environment and Conservation and The Independent State of Papua New Guinea v Eddie Tarsie for himself and in his capacity as Ward Councillor of Ward 3, Sidor LLG and Farina Siga for himself and in his capacity as Ward Secretary of Ward 3, Sidor, LLG and Peter Sel and Pommern Incorporated Land Group No 12591 and Sama Melambo for himself and as Chairman of Pommern Incorporated Land Group (2010) SC1075
...(2008) SC944; In Re Moresby Northeast Election Petition; Patterson Lowa v Goasa Damena [1977] PNGLR 429; Ron Napitalai v Casper Wallace (2010) SC1016; New Britain Oil Palm Ltd v Vitus Sukuramu (2008) SC946; NHC v Yama Security Services Pty Ltd (2000] PNGLR 69; Independent State of Papua New......
-
Isaac Lupari v Sir Michael Somare, MP—Prime Minister & Chairman of the National Executive Council and Rigo Lua—Chairman Of Public Service Commission and The Independent State of Papua New Guinea (2010) SC1071
...PNGLR 596; MVIT v James Pupune [1993] PNGLR 370; Robinson v National Airlines Commission [1983] PNGLR 476; Ron Napitalai v Casper Wallace (2010) SC1016; Dr Rose Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122; The State v Central Provincial Government (2009) SC977; Tolom Abai v The State......
-
Media Niugini Limited t/a EMTV and Glen Armstrong, General Manager, Media Niugini Limited t/a EMTV and Scott Waide, Presenter, Media Niugini Limited t/a EMTV and Jerry Ginua, Senior Reporter, Media Niugini Limited t/a EMTV And Mr Robin Tuna v Anderson Pawa Agiru (2012) SC1203
...(2007) SC897 Independent State of Papua New Guinea v. Central Provincial Government (2009) SC977 Napitalai v. PNG Ports Corporation Ltd (2010) SC1016 Rex Paki v. Motor Vehicle Insurance Ltd (2010) SC1015 Medaing v. Ramu Nico Management (MCC) Ltd (2011) SC1144 Totona v. Registrar of Companie......
-
The Independent State of Papua New Guinea and Gari Baki as Commissioner of Police v Timothy Gitua (2016) SC1479
...N3253 Martin Kenehe v. Allan Jogioba (2008) N4025 Matiabe Oberia v. Chief Inspector Charlie (2005) SC801 Ron Napitalai v. Caspar Wallace (2010) SC1016 Sekesu Sisapi Land Group (Inc) v. Turama Forest Industries Ltd (2008) SC976 Simon Kauba v. NEC & The State: OS (JR) No 477 of 2014 (Unnumber......
-
Ramu Nico Management (MCC) Limited and Mineral Resources Authority and Dr Wari Iamo In His Capacity as the Director of the Environment and Department of Environment and Conservation and The Independent State of Papua New Guinea v Eddie Tarsie for himself and in his capacity as Ward Councillor of Ward 3, Sidor LLG and Farina Siga for himself and in his capacity as Ward Secretary of Ward 3, Sidor, LLG and Peter Sel and Pommern Incorporated Land Group No 12591 and Sama Melambo for himself and as Chairman of Pommern Incorporated Land Group (2010) SC1075
...(2008) SC944; In Re Moresby Northeast Election Petition; Patterson Lowa v Goasa Damena [1977] PNGLR 429; Ron Napitalai v Casper Wallace (2010) SC1016; New Britain Oil Palm Ltd v Vitus Sukuramu (2008) SC946; NHC v Yama Security Services Pty Ltd (2000] PNGLR 69; Independent State of Papua New......
-
Isaac Lupari v Sir Michael Somare, MP—Prime Minister & Chairman of the National Executive Council and Rigo Lua—Chairman Of Public Service Commission and The Independent State of Papua New Guinea (2010) SC1071
...PNGLR 596; MVIT v James Pupune [1993] PNGLR 370; Robinson v National Airlines Commission [1983] PNGLR 476; Ron Napitalai v Casper Wallace (2010) SC1016; Dr Rose Kekedo v Burns Philp (PNG) Ltd [1988–89] PNGLR 122; The State v Central Provincial Government (2009) SC977; Tolom Abai v The State......
-
Media Niugini Limited t/a EMTV and Glen Armstrong, General Manager, Media Niugini Limited t/a EMTV and Scott Waide, Presenter, Media Niugini Limited t/a EMTV and Jerry Ginua, Senior Reporter, Media Niugini Limited t/a EMTV And Mr Robin Tuna v Anderson Pawa Agiru (2012) SC1203
...(2007) SC897 Independent State of Papua New Guinea v. Central Provincial Government (2009) SC977 Napitalai v. PNG Ports Corporation Ltd (2010) SC1016 Rex Paki v. Motor Vehicle Insurance Ltd (2010) SC1015 Medaing v. Ramu Nico Management (MCC) Ltd (2011) SC1144 Totona v. Registrar of Companie......
-
The Independent State of Papua New Guinea and Gari Baki as Commissioner of Police v Timothy Gitua (2016) SC1479
...N3253 Martin Kenehe v. Allan Jogioba (2008) N4025 Matiabe Oberia v. Chief Inspector Charlie (2005) SC801 Ron Napitalai v. Caspar Wallace (2010) SC1016 Sekesu Sisapi Land Group (Inc) v. Turama Forest Industries Ltd (2008) SC976 Simon Kauba v. NEC & The State: OS (JR) No 477 of 2014 (Unnumber......