Serve order in person: Official

A COURT order stopping the signing of the K151 billion (US$44 billion) P’nyang liquefied natural gas (LNG) project between the Government and ExxonMobil should have been personally served on the State, Solicitor-General Tauvasa Tanuvasa submitted in the National Court in Waigani on Friday.
“The plaintiff, North Fly MP James Donald, through his lawyer, Ralph Saulep, should not have served the restraining order through a social media application such as WhatsApp,” Tanuvasa said.
“We were served with the court order on Thursday after the agreement was signed on Tuesday.
“Saulep and his client have relied on speculations and have obtained the orders on the speculations as there is no evidence before this court.”
Tanuvasa also asked the court to set aside the stay order on the basis that Saulep had failed to file and personally serve the originating summons and supporting documents before Feb 23 at 4.06pm and for not serving a notice to the State before obtaining the orders.
“We also ask for the proceedings of this matter to be dismissed for being an abuse of the court process and commencing the proceedings under a wrong mode,” he said.
Saulep opposed Tanuvasa’s submissions and said the restraining orders were granted before the gas agreement was signed.
Saulep said the Court had issued the restraining order at about 10am on Tuesday and the court order was served to all the parties before the gas agreement was signed.
He said he sent the court order via WhatsApp at 11am to Attorney-General Dr Eric Kwa, who is the legal adviser to the State.
But Saulep said the gas agreement was signed about an hour later despite having served the court order to Kwa.
“The agreement was signed despite the court order we obtained that put a stop to it,” Saulep said.
He also filed an application asking the court to restrain the Government, Petroleum Minister Kerenga Kua and the ESSO (PNG) P’nyang Ltd from exercising the agreement they signed.
“We are asking the court to put a stop to the Government and Esso (PNG) P’nyang Ltd from carrying any action on the project until further orders from court,” Saulep said.
Acting Judge Emma Wurr adjourned the matter to Friday for both sides to respond to applications before the court.