Ronald Rimbao v Don Pandan, Clerk of Parliament, PNG National Parliament and Francis Marus, Acting Speaker of the PNG National Parliament and The Independent State of Papua New Guinea (2011) SC1098

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: (2011) SC1098
• Year: 2011
• Docket Number: SCOS 1 OF 2011
• Date: 24 February 2011

Full Title: SCOS 1 OF 2011; Ronald Rimbao v Don Pandan, Clerk of Parliament, PNG National Parliament and Francis Marus, Acting Speaker of the PNG National Parliament and The Independent State of Papua New Guinea (2011) SC1098

Supreme Court: Salika DCJ, Hartshorn J and Kariko J

Judgment Delivered: 24 February 2011

Originating Summons Filed Pursuant To Section 18 (1) Of The Constitution

SUPREME COURT—Originating Summons—s18 Constitution - application for a stay - substantive proceeding frivolous and an abuse of process of the court - inherent jurisdiction of the court to ensure the integrity of its process

Facts:

The Plaintiff, by originating summons filed pursuant to s18 Constitution, seeks declaratory and other relief that the election of Mr. Michael Ogio as Governor General of Papua New Guinea on 14th January 2011 is unconstitutional and null and void. The Plaintiff now seeks a stay of Mr. Ogio’s swearing in as Governor General pending the determination of the proceeding.

Held:

1. A factor to be considered in determining an application for stay orders is whether the applicant has an arguable case: McHardy v. Prosec Security and Communication Ltd [2002] PNGLR 279, PGSC 31. After considering this factor, it is clear to us that Mr. Rimbao does not have an arguable case and does not have any case at all.

2. This proceeding is an abuse of process as it is frivolous. The plaintiff’s proceeding is bound to fail if it is heard substantively.

3. The exercise of this Court’s...