Proceeding dismissed over man’s failure to establish his capacity in lawsuit bid

By GEORGINA KOREI
THE National Court in Waigani has dismissed a proceeding filed by William Lakain due to failure in establishing his capacity to sue Alfred Rungol on behalf of Climate Change Development Authority (CCDA).
Lakain, the acting managing director of CCDA, sought the relief against Senior Sergeant Andrew Wilfred, CCDA general manager Alfred Rungol and the State.
Judge Thomas Anis ruled on May 24 that the case be dismissed as it did not establish genuine reasons why Rungol should be terminated as the general manager to CCDA.
“The court had considered that Lakain’s term as CCDA’s managing director has expired before commencing this proceeding which means that he had no legal standing to terminate Rungol’s employment as the general manager,” he said.
“Therefore, this proceeding has failed and will be dismissed. I noticed that Lakain is purportedly suing only in his official capacity and not his personal capacity.”
Justice Anis said the authority had made its position clear to Rungol which their decision to terminate him was premised on the contract of employment and informed him to take it to court.
“However, I am satisfied that Rungol and Wilfred have discharged their burden of proof on the matter and that is establishing Lakain has a case to answer and that is whether he has the capacity to sue them on behalf of the authority when his contract has expired,” he said.
“None of the provisions and laws that Lakain relied on supported his standing or capacity to sue Rungol on behalf of the authority.”
He said it was important to have legal capacity and the need for proper authorisation when taking actions on behalf of an agency.