SCM 8 OF 2007; Tamali Angoya for himself and on behalf of members of his Tabu Clan and Jami Contractors Limited and Himuni Homoko for himself and on behalf of Members of his Nguane Clan v Tugupa Association Inc. and Valentine KAMBORI as Chairman of Expenditure Implementation Committee And Secretary For National Planning And Rural Development and Rendle Ruma, Secretary Department of Petroleum & Energy and William Duma as Acting Minister for Petroleum and Energy and Teup Goledu, Registrar Of Companies as Representative of Defunct Company, Petroleum Exploration Joint Venture Limited and Energy Resources Hides Ltd and Muller Range Property Ltd and Hides Energy And Petroleum Resources Limited (2009) SC978

• Jurisdiction: Papua New Guinea
• Court: Supreme Court
• Citation: (2009) SC978
• Year: 2009
• Date: 12 March 2009

Full Title: SCM 8 OF 2007; Tamali Angoya for himself and on behalf of members of his Tabu Clan and Jami Contractors Limited and Himuni Homoko for himself and on behalf of Members of his Nguane Clan v Tugupa Association Inc. and Valentine KAMBORI as Chairman of Expenditure Implementation Committee And Secretary For National Planning And Rural Development and Rendle Ruma, Secretary Department of Petroleum & Energy and William Duma as Acting Minister for Petroleum and Energy and Teup Goledu, Registrar Of Companies as Representative of Defunct Company, Petroleum Exploration Joint Venture Limited and Energy Resources Hides Ltd and Muller Range Property Ltd and Hides Energy And Petroleum Resources Limited (2009) SC978

Supreme Court: Sakora, Manuhu & Hartshorn JJ

Judgment Delivered: 12 March 2009

Application to Dismiss for Abuse of Process - Inherent Jurisdiction— s17 Supreme Court Act - Appellant to be a “person” whose interests are affected by or who is aggrieved by the Court Order being appealed

Facts:

This is an appeal against a National Court Consent Order that discontinued proceedings seeking Judicial Review. The appellants were not parties in the National Court proceedings. Supported by the second to eight respondents, Energy Resources Hides Ltd applies to dismiss the appeal pursuant to the inherent jurisdiction of the Supreme Court as it is an abuse of process and for want of prosecution.

Held:

1. There is nothing in the consent order that is capable of affecting the...