Hearing of Barrick Niugini’s appeal adjourned to next month

THE hearing of the substantive appeal Barrick Niugini Ltd (BNL) had filed against a National Court decision that dismissed a judicial review proceedings against the State for refusing its special mining lease (SML) is set for next month.
Waigani Supreme Court Judge Collin Makail yesterday adjourned the hearing of the appeal to Dec 14-15 after there was a change in court’s timetable.
Justice Makail informed parties in the matter that it be adjourned due to directions from Chief Justice Sir Gibbs Salika that there was a change in the court’s timetable and selection of a panel to hear the appeal.
“The matter is likely to be adjourned because the chief justice is not able to get a number of judges to hear the appeal,” Justice Makail said.
Meanwhile, the National Executive Council (NEC) and the Mineral Resources Authority (MRA) through their lawyer have also filed a slip rule application regarding the court’s decision on discovery of documents.
NEC and MRA have filed their applications claiming that the court erred in certain points of its decision when it ordered that the state, with its authorities, disclose documents to BNL that the state had claimed to be confidential and protected.
Justice Makail also adjourned the hearing of these slip rule applications to Nov 24.
BNL filed a review of Government’s refusal to extend its SML after it had expired on Aug 2019.
The review was then dismissed by the National Court for abuse of court process, then BNL had filed a Supreme Court appeal against the decision.