Court dismisses application

THE Waigani National Court has dismissed an application for judicial review sought by a provincial government official to challenge a decision made by his office.
Justice Les Gavara-Nanu on Nov 22, dismissed the proceeding with costs against former acting Eastern Highlands administrator Samson Akunaii challenging the decision of the Eastern Highlands executive council (PEC) to appoint John Gimiseve the administrator.
On July 17, 2018, Akunaii filed the application for judicial review, contesting the decision of the council on May 2 that year, to remove him as the acting administrator and recommend another person to act in the position.
The National Executive Council (NEC) rejected the PEC’s recommendation and Akunaii remained acting until Gimiseve was appointed the permanent administrator on Sept 5.
Akunai’s application for a stay and restraining order were rejected the next day.
Eastern Highlands Governor Peter Numu, as the fourth defendant, submitted on Sept 26, through his lawyer George Lau from Niuage Lawyers, to have the proceedings dismissed entirely.
Lau submitted that the plaintiff (Akunaii) had abused the process of the National Court rules (NCR) by filing a notice of motion seeking leave to review when leave was not granted.
Gavara-Nanu said: “It is mandatory under order 16 rule 5 (1) that an application for judicial review be made by way of a notice of motion when leave is granted.
There cannot be any room for doubt that a notice of motion under order 16 rule 5 (1) cannot be validly filed before leave is granted.
“Unfortunately for the plaintiff, that is exactly what he did.”
Gavara-Nanu said the application was misconceived based on the decision by the PEC.