State files to dismiss notice

THE State has asked the Supreme Court to dismiss a notice of objection to competency filed by the Morobe government and Governor Ginson Saonu, saying it is incompetent.
Solicitor-General Tauvasa Tanuvasa, representing the State, said the notice was incompetent because the law firm that represented Morobe and Saonu did not get permission from the Attorney-General Dr Eric Kwa to do so.
He said the notice was improper because it was originally filed by Lai Lawyers when it should have been filed by Saulep Lawyers which did not comply with the Supreme Court’s rules.
Tanuvasa said there was also no evidence that the notice of objection to competency was served within the required 14 days.
The State’s submission to dismiss the notice of objection to competency was supported by the other appellants.
Morobe’s objection to competency was filed against the State’s appealing of a decision by Deputy Chief Justice Ambeng Kandakasi to grant a stay of the environment permit for the Wafi-Golpu project.
The stay was granted on Sept 15, 2021.
Saulep Lawyers had initially filed the objection to competency stating that the solicitor-general did not seek instructions to appeal the stay.