Court dismisses application

THE Supreme Court dismissed an application by Port Moresby North East MP John Kaupa to stop a review proceeding regarding an election petition against him.
Justice Oagile Bethuel Dingake dismissed Kaupa’s application because the conduct of respondents (Kaupa and the Electoral Commission) put petitioner Labi Amaiu at fault.
The respondents raised issues with documents filed by Amaiu and refused to sign the documents which caused delay for Amaiu to prepare documents within time as ordered.
Kaupa then applied to dismiss the matter, arguing that Amaiu had failed to comply with court orders and did not prepare it within time.
“The respondents by their conduct are the cause of any delay on progressing this matter to finality,” Dingake said.
“Without signing the index for the review book and the amended review book, there is very little that the applicant would have done other than approach this court for the relief he seeks.” In January this year, Justice Ellenas Batari granted leave to Amaiu to have the review proceeding before the Supreme Court.
On June 26, the court ordered Amaiu to amend the index to the review book and the review book itself and serve the parties within 21 days.
It also ordered him to serve three copies of each to the court within 28 days.
Amaui’s lawyer, Stanley Liria from Liria Lawyers, did as ordered by court but the respondents did not sign to show that they had received the documents.
They raised an issue with a National Court order, included in the files which resulted in a delay.
Liria then filed an application for dispensation and for an extension of seven days so that he could file the documents.
Kaupa then applied to dismiss the proceedings.
The court dismissed Kaupa’s application, granted Amaiu’s application and ordered costs to be paid by the respondents.