By ZEDAIAH KANAU
THE Port Moresby Nature Park resumed activities yesterday after a nine-day closure following a court order over land issues involving the State and University of PNG.
This comes after the Waigani National Court Justice Gavara Nanu rejected an application by UPNG to have the matter trialed for judicial review.
The application was rejected on the grounds that UPNG had not shown sufficient interest and could not provide sufficient evidence to make an arguable case for the matter to go for judicial review.
The court heard that UPNG claimed interest in the proceedings since there was no other administrative avenues available to counter the acquisition.
The State submitted that although the plaintiff (UPNG) was the proprietor of the land in question, it had not shown that it had been affected by the acquisition.
It submitted that UPNG had failed to provide a notice of gazette or a letter from the State or Lands Department concerning the acquisition.
UPNG lawyer Darryl Kamen said that due to an oversight, he didn’t attached the notice of gazette with the affidavit.
“You have to at least establish a prima facie case that your client (UPNG) knew about the acquisition,” Nanu said.
“To establish an arguable case, you should have at least shown me that the fifth defendant is currently owning the property so there is evidence on the compulsory acquisition.
“It may have been acquired but the fact is that you don’t have any evidence to show why you made an application. This is not the time for allegations, rather it’s about presenting the evidence.
“Before you make an application you should have had that evidence (gazette of notice) attached with the affidavit.” Nanu then rejected the application after finding insufficient evidence provided by UPNG.
“The plaintiff has not shown any sufficient interest. In the absence of the gazette of notice and the evidence into the compulsory acquisition, there is no evidence to find a prima facie case to go for a proper trial.”
By ZEDAIAH KANAU