Court ousts application by Bogan to vary orders

 By JUNIOR UKAHA

AN application filed by Sir Nagora Bogan and other members of the University of Technology interim council to vary the orders of the court to add their names as council members to the existing membership of the council was dismissed by the National Court 

yesterday.

Justice Don Sawong, when handing his decision on the matter in Lae, said the application 

was “misconceived”.

He dismissed the application and ordered the defendants’ lawyer to personally pay the plaintiffs’ costs on a solicitor-client basis to be agreed on. 

“It is clear that this was a misconceived application when the legal principals have been clearly stated by the Supreme Court. It follows that the application must be dismissed,” Sawong said.

The judge said the National Court did not have the jurisdiction to grant the orders sought by the applicant(s) and that jurisdiction belonged to the higher court. 

The application filed on Jan 17, 2013 sought to vary the orders of the National Court made on Nov 21, 2012, which allowed the former council members to occupy their positions and continue to discharge their duties as 

required.

The application was based on the affidavit of Sir Nagora and a Anna Wakana. 

The matter was between the members of the “former” Unitech council led by Philip Stagg and Ralph Saulep (first plaintiff), Unitech (second plaintiff) against David Arore as minister for higher education, research, science and technology (first defendant) and Sir Nagora and other members of the university’s interim council (second defendant).