The National, Tuesday 15th May 2012
By ELIAS NANAU
PAGA Hill settlers who were evicted last Saturday through a court order have sought temporary relief at the National Court.
Justice Joseph Yagi had granted a stay on District Court order issued last Friday which authorised the developer, Paga Hill Development Company (PNG) Ltd, to evict the settlers and tenants at the National Housing Corporation hostel on portion 1597.
After hearing a motion of appeal by the settlers and arguments by the developer, Yagi was satisfied that “there is a lot of issues to be addressed”.
He said he did not have the documents to prove that there was on eviction but he conceded that the grounds of appeal by the settlers’ lawyer, Darryl Kamen, raised serious questions of law.
“It’s a prima facie case,” he said.
“On the face of it there appears to be gross irregularities.”
Kamen had argued that the settlers were not represented during the district court hearing, and consent orders to move out of the land in dispute was obtained irregularly with only two persons signing it.
Lawyer for the developer Stanley Liria maintained that his client had the legal right to be heard and needed to be served a notice of motion three days earlier.
He said a restraining order on his client would only demean a 99-year state lease the developers had obtained in 2001.“There were no complaints then.
“Now that my clients have moved, these issues are raised.”