Application to dismiss proceedings thrown out

THE Waigani National Court has thrown out an application by senior lawyer Paul Paraka seeking to dismiss a proceeding against him on grounds that it did not disclose a reasonable course of action.
Justice Derek Harthshorn yesterday refused Paraka’s application after he found that Paraka had failed to demonstrate reasonable apprehension of bias by him for a previous ruling that was handed against the lawyer.
Justice Hartshorn had previously ruled against Paraka on two occasions in a case filed by Nambawan Super Ltd (NSL).
The court had ordered Paraka to pay more than K2.9 million in debts to NSL.
NSL had claimed that Paraka owed the amount in outstanding rentals for a property owned by NSL in Port Moresby.
Paraka had submitted that Justice Hartshorn’s decision was biased on grounds that he was previously employed as a partner at Blake Dawson Waldron Lawyers (BDW) in Port Moresby before being appointed judge and overseeing legal services which BDW provided to NSL.
Paraka also submitted that BDW leased the premises from NSL in the Mogoru Moto Building in which Paraka leased premises from NSL, and that all of the tenants of that building had similar lease agreements.
Paraka further submitted that Justice Hartshorn had professional relationships with past and existing lawyers of Ashurst Lawyers, the lawyers of NSL in the proceedings. Ashurst Lawyers is the successor to BDW.