Supreme Court

The hearing date for the substantive application, filed under section 18(1) of the Constitution was set today by the Chief Justice, Sir Salamo Injia.

 The application filed by Leader of the Opposition, Don Polye substantively seeks the High Court to order the Speaker to recall Parliament to debate the Motion of No-Confidence as a matter of national urgency.

Kondra’s lawyers filed an application seeking to stay the National Court’s decision of March 1 which dismissed his judicial review.

The matter came before the Chief Justice, Sir Salamo Injia today where a hearing date was set.

A three-judge Supreme Court bench will hear the application on June 15.

On March 1, the National Court upheld the decision of the Leadership tribunal recommending Kondra to be dismissed from office.

Justice Collin Makail dismissed Kondra’s judicial review and also ordered him to pay costs for the proceeding.

Lawyers representing the Ombudsman Commission told the Supreme Court on Monday afternoon they are appealing against the decision of Jan 28, 2015 which saw the National Court allowed Prime Minister, Peter O’Neill certain orders restraining the Ombudsman Commission and obtain a reference under section 18(2) of the constitution for interpretation.

The matter came for directions hearing today in Waigani where parties agreed to have counsel acting for Chief Migration Office, Mataio Rabura, move an application seeking leave of the court to introduce fresh evidence into the case.

Counsel representing the asylum seekers who are clients of Lomai Attorneys, Gregory Toop told Justice Terrence Higgins today the new evidence was filed out of time and leave must first be sought before Rabura can move his application. He is being represented by Kuman Lawyers.

The case was re-filed by Polye’s lawyers from Henao Lawyers after a three-man Supreme Court bench on April 28 dismissed the case for want of prosecution.

The matter came for directions hearing today where Polye’s lawyer informed the court all parties were served copies of the appeal except the Union Bank of Switzerland’s Australian branch.

Wesley Bigy of Henao Lawyers sought for a week adjournment of the court to do so. The matter returns to court next Monday.

In seeking leave of the court to move the Slip Rule she submitted rights of natural justice were not offered to the appellant (Marape) and the first respondent (O’Neill).

She submitted the Supreme Court erred as   it delivered a decision that was not based on the appeal and that the reasons for dismissal were not based on submissions before it.

Benham Satah and others, who are applicants at the Manus Regional Processing Centre, will be seeking specific orders from the Supreme Court to send them back to Australia following the ruling last Tuesday (April 26) that their detainment there is illegal and unconstitutional.

Lawyer Ben Lomai told Loop the orders from last Tuesday’s ruling were too general therefore they “will ask the Supreme Court to send them back. They are not PNG’s problem. They are Australia’s problem, so they have to deal with their own problem”.

Damage payment to Yama Securities Limited by NCDC was stayed on April 20 after lawyers agreed to stay the K17 million payments until June 30, pending NCDC’s appeal against the decision of the National Court.  

NCDC is appealing this decision on 10 grounds. It is seeking orders from the Supreme Court to have the National Court’s decision of March 2 be quashed.

On March 2 this year, the National Court awarded damages plus interest to the sum of K17, 817,510 to Yama Securities after the National Capital District breached a contract it had with the security firm.

The full court allowed Baki leave to appeal the decision of the National Court when it allowed for a judicial review to be conducted into the manner in which Thomas Eluh and Timothy Gitua were terminated from office in September last year.

Chief Justice Sir Salamo Injia, Justice Ere Kariko and Justice Sir Kina Bona allowed for Baki to appeal that decision and also stayed the judicial review at the National Court pending the outcome of this appeal before the full court.

Supreme Court bench dismisses UBS loan case

A three-man Supreme Court bench today dismissed the Supreme court reference filed by Opposition Leader Don Polye challenging the legality of the Government’s decision to acquire the K3 billion from the Union Bank of Switzerland.

http://www.looppng.com/content/supreme-court-bench-dismisses-ubs-loan-case

Late Governor Agiru died of suspected heart attack