Party was ‘not aware’ of order

By KARO JESSE
THE National Court has acquitted the Securities Commission of PNG and its chairman Alex Tongayu (contemnors) of contempt charges for allegedly breaching court orders issued on March 13, 2019.
Justice Nicholas Miviri yesterday ruled that both contemnors were not guilty of the charges because they were not aware of the existence of the court orders.
“What is clear by evidence and which I find as a fact set out from the discussion, is that the first contemnor (Tongayu) was not made aware, nor was he aware of the existence of that orders” Justice Miviri said.
“The same is clear against the second contemnor (Securities Commission of PNG).
“The applicant has not provided evidence and material to prove beyond all reasonable doubt that the accused were aware of the orders and what they were required to do by that order.”
The court was told through a notice of motion filed by Melanesian Trustee Services Limited (MTSL), that both contemnors be punished for deliberately breaching a stay order restricting them from issuing directions against MTSL.
MTSL claimed that the contemnors be punished for:

• Deliberately publishing false information in the media on July 10, 2019, that the National Court had found the applicant (MTSL) did not have a trustee licence under the Capital Market Act 2015; and,
• Directing ANZ Bank to freeze the accounts of Pacific Balance Fund and its subsidiary entities contrary to the stay order of March 13, 2019, and by making false representation to ANZ through a letter dated July 22, 2019, saying that applicant did not have a valid capital licence.

On July 22, 2019, Tongayu on behalf of the commission published in the media claims that MTSL did not have a Capital Market Licence to operate as a trustee and fund manager of the Pacific Balance Fund.