Land case to proceed
The National, Wednesday September 2nd, 2015
A JUDGE has ordered that court proceedings in the National Court regarding the ownership of land near the Jacksons International Airport in Port Moresby continue.
Justice Nicholas Kirriwom made this order in the Waigani Supreme Court yesterday after he refused an application for leave to appeal filed by Dekenai Construction Limited.
Kirriwom said Dekenai could make its arguments in the National Court in the substantive judicial review proceedings.
He said the appeal against the grant of leave for judicial review in the National Court could amount to an abuse of process and it would delay the substantive matter.
The court said Dekenai could file its appeal after a final decision on the substantive matter was made in the National Court.
Dekenai’s counsel Ian Molloy moved the application for leave to appeal a ruling made by the National Court on May 3, 2011.
Molloy, during hearing of submissions last month,argued against the National Court’s findings that there was an arguable case to grant leave for judicial review to the National Airports Corporation. NAC represented by counsel David Levi opposed the application and stated that Dekenai had an opportunity to make its arguments in the National Court.
NAC filed court proceedings in 2011 seeking a review of a decision made on April 9, 2010 to revoke a previous declaration of land as aerodrome land made and gazetted in June 1980 and a new declaration made in 2010.
It also sought the Court’s review of a decision made on Nov 12, 2009 to grant an Urban Development Lease (UDL) over portion 2690 to Dekenai.
The dispute concerns land near Airport and is located at the north-western end of the runway.
According to affidavit evidence before the Court, a decision was made under the Land Act (1996) to grant the UDL over land described as Portion 2690 to Dekenai which proceeded to develop the land.
It was soon discovered that an apparent mistake had been made. Portion 2690 was included in a 1980 declaration made under the Land Act that an area in Port Moresby be an aerodrome.
The declared area was vast and included the 6-Mile Police Station and the 6-Mile clinic.