Court to proceed with NCDC, IRC trial despite pending proceeding


THE National Court will proceed with a matter between the National Capital District Commission (NCDC) and Internal Revenue Commission (IRC) despite a pending Supreme Court proceeding.
Judge Thomas Anis, presiding at the Waigani National Court, said this yesterday when refusing NCDC’s application to adjourn the proceeding. The matter related to a decision made by the IRC commissioner-general Sam Koim on April 22 last year to distribute to Central, Motu-Koita Assembly and Gulf the goods and services tax (GST) component which went to NCDC.
There were two applications heard before Judge Anis on Friday.
The first was filed by the Central government on Feb 23 to dismiss the proceeding and the second was filed by NCDC on May 31, which among others, sought an adjournment, pending a matter before the Supreme Court.
“When I consider the Supreme Court proceeding to the present matter, I make these observation,” Judge Anis said.
“Firstly, the Supreme Court proceeding is unrelated to this matter.
“The parties therein are quite different, including the issues for deliberation. But perhaps most importantly, I note that the questions that this court may consider relate to existing laws which may include the NCDC Amendment Act 2021 which is already a law that is passed by Parliament.
“I uphold the submission by Central provincial government that this court may proceed to consider the issues herein based on the laws as they are.
The court refused NCDC’s application seeking to adjourn the proceeding filed on May 31 pending the outcome of the Supreme Court proceeding.
Judge Anis said the court would proceed to hear Central’s application filed on Feb 23 next Friday, which sought to dismiss the proceeding. NCDC had sought various declaratory relief in its originating summons.