Palma files appeal against court decision that declared him bankrupt


BARI Palma, an intending candidate declared bankrupt just over a week ago, has filed an appeal in the Supreme Court.
Palma failed to pay costs of K275,119  in an election petition case that he lost in 2013 and was declared “insolvent” by the National Court on June 1.
But Palma told The National yesterday that his lawyer Win Enokin had filed an appeal on Monday at the Waigani Supreme Court registry.  In the appeal, Palma is seeking orders for the National Court decision of June 1 to be quashed, and that the appeal be determined after the general election for the Kerowagi open electorate.
There are five grounds for appeal.
Ground one states that the national court erred in law and fact in not refraining from hearing the insolvency proceedings and making a decision to have adjudicated as insolvent when the very taxed costs were subject of review and pending further hearing before another judge in the National Court where the judge was yet to deliver a decision on the review application.
Palma was a losing candidate for the Kerowagi open electorate in the 2012 general election.
He then filed an election petition challenging the election victory of Kerowagi MP Camillus Dangima.
On Nov 13, 2013 the National Court dismissed Palma’s election petition and ordered him to pay costs incurred by the Electoral Commission and Dangima.
Palma was ordered to pay K275,119 to Dangima for costs incurred to defend the election petition.
When he failed to do that, Dangima’s lawyer Martin Kombri from Kombri and Associates filed a creditor’s petition against Palma on July 6 last year.
On June 1, presiding judge Justice Derek Hartshorn ordered that:

  • A general meeting of creditors be held on June 14 to elect a trustee;
  • Palma to appear before the Registrar of the National Court in Waigani on June 30 to deliver a full and verified statement on oath which include his debts and other liabilities;
  • Palma  pay Dangima costs and incidentals to meet his engagements.

All these orders are now the subject of Palma’s appeal.

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