Judge grants businessman leave to amend documents

By BOURA GORUKILA
A SUPREME Court judge yesterday granted leave to businessman Jeffery Kennedy to amend certain documents in the National Court.
Justice Derek Hartshorn, in delivering an ex-temporary ruling, said he was satisfied that Kennedy had an arguable case.
“Application is granted for leave to appeal the interlocutory judgment in respect to which leave to appeal was sought,” he said.
Kennedy, through his lawyer McRonald Nale, challenged the National Court decision of Deputy Chief Justice Ambeng Kandakasi who refused orders for Kennedy to amend certain documents.
Kennedy filed the originating summons in the National Court in which he sought to enforce his constitutional rights as subject matter to the originating summons to establish whether the Australian Federal Police had jurisdiction to receive criminal complaints or information and conduct investigations in Papua New Guinea.
Respondents Adam Chin Cheah, Marilyn Espolong and Alexis Tam, through their lawyer Greg Sheppard, opposed the application for leave, submitting that Section 44 of the Evidence Act was not complied with.
However, Justice Hartshorn refused the objection after he was satisfied that Section 44 of the evidence act was complied with.
“Kennedy has established that he has an arguable case,” Justice Hartshorn said.
“To my mind, substantial injustice will be caused to him to the context of the National Court proceedings as he will not be able to seek relevant desires in the proceedings.
“I’m satisfied in all the circumstances that the court has and can hear interlocutory matters and the leave to appeal should be allowed,” he said.