Every argument in the Supreme Court rests on what the Court has said before, and the Rules require written submissions to cite the authorities relied on. Knowing where the judgments are and how to refer to them is basic equipment.
Where the judgments are
| Source | What it holds | Access |
|---|---|---|
| PacLII, Supreme Court of Papua New Guinea | Judgments from 1975 to the current year, listed by year and searchable by name; each has a PGSC neutral citation and, where it exists, the SC number and PNGLR reference | Free online |
| Papua New Guinea Law Reports (PNGLR) | Selected reported judgments with headnotes, 1963 to the 1990s and later volumes; the authoritative text for reported cases | Law libraries; many volumes are reproduced on PacLII |
| Supreme Court Registry, Waigani | The sealed judgment and orders on every file; unreported judgments not yet on PacLII | Copies on request and payment of the copying fee |
| National Court Library and university law libraries | Bound unreported judgments by SC number, the PNGLR set, digests and textbooks | In person |
| Commercial databases | vLex and similar services carry PNG legislation and some judgments | Subscription |
On PacLII, open the year and scan the list, or use the name search. The URL pattern is stable: a judgment numbered N in year YYYY sits at paclii.org/pg/cases/PGSC/YYYY/N.html. Each page shows the SC number and date at the top, and most pages carry the catchwords and, for older reported cases, the headnote.
How to cite
SC number: Kakaraya v Somare (2004) SC762. The number is assigned by the Registry when the judgment is delivered and is the form the Court itself uses. Law report: Van Der Kreek v Van Der Kreek [1979] PNGLR 185. Use this where the case is reported; the year is in square brackets because it identifies the volume. Neutral citation: Telikom PNG Ltd v ICCC [2008] PGSC 5. Assigned by PacLII; useful for finding the case online and acceptable alongside the SC number.
Give the full citation the first time and a short form afterwards. Pinpoint a passage by paragraph number where the judgment is numbered, which most judgments since about 2005 are, or by page for PNGLR reports. Where several Judges gave separate opinions, say whose: “per Injia DCJ”. Where a case is both reported and numbered, the report is preferred but either is acceptable; the Court’s own practice is to give both, for example Burns Philp (NG) Ltd v George [1983] PNGLR 55; SC249.
Citing in written submissions
Order 11 Rules 12 to 18 govern written submissions and the extract of argument, and the directions given under Order 13 usually require a list of authorities and copies of the cases relied on, tabbed and paginated, for each Judge. Cite the passage, not just the case; quote the sentence relied on; and check that the case has not been overruled or distinguished. The Supreme Court is not bound by its own earlier decisions under Schedule 2.9 of the Constitution, but a five-Judge bench is needed to depart from a prior decision, and a three-Judge bench will follow one. See what happens at a Supreme Court hearing.
Checking whether a case is still good law
PacLII’s LawCite link on each judgment lists later cases that cite it, where the service is available. Otherwise search the database for the case name to find later discussion, and read the most recent Supreme Court decision on the point, which will state whether earlier authorities were followed, distinguished or overruled. Watch for changes in the Rules: cases on Order 7 Rule 53 of the 1984 Rules, for example, apply to Order 7 Rule 48 of the 2012 Rules, and cases decided before the Listings Rules of 2012 predate the call over and summary determination procedures.
Unreported and unnumbered judgments
A judgment delivered ex tempore may never receive an SC number, and a written judgment can take weeks to reach PacLII. Cite it by the parties, the court, the file number and the date: Smith v Jones, Supreme Court, SCA 12 of 2025, 3 March 2026, unreported. Obtain a copy from the Registry, and if the point matters ask the Associate to the presiding Judge whether the reasons have been settled for publication. See getting a sealed copy of an order and when a judgment takes effect.
Legislation
PacLII’s Papua New Guinea consolidated legislation database holds the Supreme Court Act, the Constitution and the Supreme Court Rules 2012 as consolidated texts. Cite an Act by its short title and chapter number, Supreme Court Act (Chapter 37), and the Rules by Order and rule, Supreme Court Rules 2012, O 7 r 48. The site’s Glossary of Legal Words explains the terms used in judgments.
Sources
- PacLII: Supreme Court of Papua New Guinea judgments
- Supreme Court Rules 2012 — O 11 rr 12–18; O 13
- Constitution — Schedule 2.9
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.