‘Show papers to transport gold bullions’

TWO private companies jointly operating an Australian-registered aircraft to transport gold bars between PNG and overseas ports have been ordered by the National Court to “prove to the PNG Civil Aviation (CAA) that they hold appropriate aviation documents for their operations”.
Justice Mark Sevua has ordered IMC Mining Solutions Pty Ltd and G4S International Pty Ltd to prove that they hold appropriate aviation documents to operate in PNG.
The two companies went to court after receiving an order from CAA to cease operating the aircraft in PNG.
IMC manages and operates the aircraft while G4S International fits and looks after the aircraft’s security functions.
Its operations included the carriage of gold bullions from Porgera, Lihir and Hidden Valley mines to Australia for processing.
Early this month, CAA acting director John Bromley ordered the companies “to cease all aviation operations within PNG immediately” pursuant to section 201(1) of the CAA Act 2000.
Sevua dismissed an application by the two companies for abuse of process, telling them that the internal appeal process within the CAA was still there to utilise if they were not happy with Bromley’s decision.
He said the plaintiffs have “put the cart before the horse”, so to speak.
He said they have the opportunity and the right to provide to authorities their licence or permit allowing them to engage in or conduct foreign air operations.
“That is where I consider the plaintiffs had prematurely come to court to seek redress.
“They cannot come to seek judicial review without exhausting that right and/or without taking the option that is still available to them to provide their legal documents to the defendants,” the judge said.