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Cases Explained
Statutes tell you what the words are. Cases tell you what the words have been held to mean. These are the leading decisions of the Supreme and National Courts of Papua New Guinea, each explained in ordinary language — what the court decided, the reasoning that got it there, and which later cases have applied it.
Papua New Guinea is a common law jurisdiction with a constitutional overlay and a statutory duty to develop an underlying law from custom. The result is a body of case law that is genuinely its own — and often more interesting than the imported doctrine it grew out of.
Each case note in this series follows the same shape: what happened, what was argued, what the court decided, why it matters, and what it does not decide. That last heading is the one most commentary leaves out.
Cases discussed across the site
The decisions below are discussed in the articles listed beside them, and each is linked to the judgment itself so you can read it rather than take a summary on trust.
For case law arranged by point of law — the leading authority on each question, the decisions that followed it, and where the courts have divided — see the Legal Index.
The Legal Index sets out, subject by subject, the leading Papua New Guinea authority on each point, two or three decisions that affirmed or followed it, and — where they exist — decisions taking a different view. Every case is linked to its judgment.
It covers, among other subjects, judicial review, indefeasibility of title, election petitions, sentencing, default judgment and dismissal, contempt, costs and customary land, natural justice, the Leadership Code and the underlying law.
A case note is a summary written by a person, not a substitute for the judgment. Courts decide on the specific facts before them, later decisions can distinguish or overrule earlier ones, and a case can be under appeal when a note is written.
Never argue a case on the strength of a summary — including one published here. Read the judgment, check whether it has been followed or overturned, and take independent legal advice before relying on it.
PNG judgments are published in the Papua New Guinea Law Reports and in the National and Supreme Court judgment databases, and many are freely available through the Pacific legal information services. See how to check the law yourself for where to look and what a citation such as PGSC or PGNC tells you.
Jump to a subject
51 questions and answers, grouped by subject.
- Appeals and review — 25 questions
- Criminal evidence and trial — 2 questions
- Sentencing — 2 questions
- Civil procedure — 8 questions
- Judicial review and administrative law — 3 questions
- Constitutional law — 1 question
- Land and title — 3 questions
- Contract, tort and the State — 3 questions
- Election petitions — 3 questions
- Leadership Code and public office — 1 question
Appeals and review
How the Supreme Court decides when to interfere with a National Court decision: leave, stays, review under section 155(2)(b), the slip rule and the discretion of the judge below.
Norris v The State: When Will the Supreme Court Change a Sentence?
Norris v The State [1979] PNGLR 605 explained: the identifiable-error and manifestly-excessive tests on appeals against sentence, hearsay evidence on sentence, and recent Supreme Court cases applying it.
Read the answer → No. 2Avia Aihi v The State: Can the Supreme Court Hear You After the Appeal Period Has Run?
Avia Aihi v The State (No 1) [1981] PNGLR 81 explained: the 40-day appeal limit is valid, section 155(4) cannot waive it, but section 155(2)(b) lets the Supreme Court review in exceptional cases. With the 2026 cases applying it.
Read the answer → No. 3Oberia v Charlie: What Must You Show to Get Leave to Appeal an Interlocutory Ruling?
Oberia v Charlie (2005) SC801 explained: the tests for leave to appeal an interlocutory judgment under section 14(3)(b) of the Supreme Court Act, why they exist, and the 2021 to 2023 cases that apply them.
Read the answer → No. 4Curtain Bros v UPNG: When Will the Supreme Court Overturn a Discretionary Ruling?
Curtain Bros (PNG) Ltd v University of Papua New Guinea (2005) SC788 explained: the presumption in favour of discretionary rulings, when an appellate court may interfere, new points on appeal, and the 2024 to 2026 cases applying it.
Read the answer → No. 5McHardy v Prosec Security: What Does It Take to Get a Stay Pending Appeal?
McHardy v Prosec Security and Communication Ltd [2000] PNGLR 279 explained: the factors governing a stay under section 19 of the Supreme Court Act, why the exceptional-circumstances test was rejected, and the 2022 to 2025 cases applying it.
Read the answer → No. 6Popuna v Owa: Can You Seek Review After Your Appeal Has Been Dismissed?
Popuna v Owa (2017) SC1564 explained: dismissal of an appeal is final, review under section 155(2)(b) on the same grounds is an abuse of process, the three situations where review is available, and the 2021 to 2025 cases applying it.
Read the answer → No. 7Wilson v Kuburam: When Is a Late Review Application an Abuse of Process?
Wilson v Kuburam (2016) SC1489 explained: review under section 155(2)(b) after an incompetent appeal, abuse of process through dilatory conduct, the Court's power to raise abuse itself, and what an objection to competency must go to.
Read the answer → No. 8Trawen v Kama: What Can a Slip Rule Application Actually Fix?
Trawen v Kama (2010) SC1063 explained: the nature and limits of a slip rule application to reopen a Supreme Court decision, why it cannot be brought under section 155(2)(b) or 155(4), and the 2019 to 2025 cases applying it.
Read the answer → No. 9Waranaka v Dusava: What Is the Difference Between a Review and an Appeal?
Waranaka v Dusava (2009) SC980 explained: review under section 155(2)(b) compared with appeal, proof of bribery beyond reasonable doubt in election petitions, how trial judges must treat inconsistent evidence, and recent cases applying it.
Read the answer → No. 10The State v Barker: What Must You Show to Set Aside a Default Judgment?
The State and Davis v Barker [1977] PNGLR 386 explained: the requirements for setting aside a regularly entered default judgment, the National Court decisions in Green v Green and Barker v The State that it affirmed, and the test for appeals against a discretion.
Read the answer → No. 11Papua Club v Nusaum Holdings: Can You Raise a New Point of Law on Appeal?
Papua Club Inc v Nusaum Holdings Ltd (2005) SC812 explained: the conditions for raising a point not argued at trial, the National Court judgment on State Leases and perpetual subleases it affirmed, and the 2020 to 2025 cases applying it.
Read the answer → No. 12Telikom v Rava: Is a Review an Abuse of Process If Your Appeal Was Never Heard on the Merits?
Telikom (PNG) Ltd v Rava (2018) SC1694 explained: review after an appeal dismissed for want of prosecution is an abuse of process, the categories of abuse are not closed, the National Court decisions the Court drew on, and the 2021 to 2025 cases applying it.
Read the answer → No. 13Kawari Fortune Resources v Apurel: When Will the Supreme Court Grant an Interim Order Pending Appeal?
Kawari Fortune Resources Ltd v Apurel (2015) SC1614 explained: the test for interim orders under section 5(1)(b) of the Supreme Court Act, the difference between an interim order and a stay drawn from Makeng v Timbers, and the 2021 to 2023 cases applying it.
Read the answer → No. 14Boochani v The State: Can Section 155(4) of the Constitution Found an Interlocutory Injunction?
Boochani v The State (2017) SC1566 explained: the limits of section 155(4) and section 57 of the Constitution as sources of interlocutory injunctions, the Manus Island background, and the 2019 to 2021 cases applying it.
Read the answer → No. 15Application by Herman Leahy: What Must Each Ground of a Review Satisfy?
Application by Herman Joseph Leahy (2006) SC855 explained: the leave criteria for a section 155(2)(b) review of a criminal ruling, the three questions asked of every ground, ex officio indictments under section 526 of the Criminal Code, and recent cases applying it.
Read the answer → No. 16Pacific Equities v Goledu: What Must a Notice of Objection to Competency Contain?
Pacific Equities and Investments Ltd v Goledu (2009) SC962 explained: an objection to competency must plead its jurisdictional basis, the three requirements for drafting grounds of appeal, and the 2022 to 2024 cases applying it.
Read the answer → No. 20Agiru v Kaiabe: When Will the Supreme Court Give Leave for a Slip Rule Application?
Agiru v Kaiabe (2015) SC1412 explained: the two requirements for leave to make a slip rule application under Order 11 rule 32 of the Supreme Court Rules, why a rejected argument is not a slip, and the 2025 and 2026 cases applying it.
Read the answer → No. 42Mondiai v Wawoi Guavi Timber: Can a New Appellant Join an Appeal After 40 Days, and Who Has Standing for Judicial Review?
Mondiai v Wawoi Guavi Timber Co Ltd (2007) SC886 explained: joinder of appellants within 40 days, no leave needed for a directly affected non-party, the four-question test for sufficient interest under Order 16 rule 3(5), and the 2021 to 2024 cases applying it.
Read the answer → No. 44Coca Cola Amatil v Yanda: Is an Appeal Incompetent If Only Some of Its Grounds Are Bad?
Coca Cola Amatil (PNG) Ltd v Yanda (2012) SC1221 explained: the distinction between an incompetent appeal and a weak ground, the purpose of objections to competency, how they should be listed, and the 2020 to 2026 cases applying it.
Read the answer → No. 45Kalinoe v Paraka: When Will the Supreme Court Dismiss an Appeal for Want of Prosecution?
Kalinoe v Paraka (2007) SC874 explained: the test for dismissing a Supreme Court appeal for want of prosecution, why time is of the essence, what an objection to competency may and may not raise, and the 2021 to 2024 cases applying it.
Read the answer → No. 46Rea Joseph v Sereva: What Happens If You Apply for Leave to Appeal When None Is Needed?
Rea Joseph v Sereva (2011) SC1152 explained: an unnecessary application for leave to appeal is incompetent and cannot be treated as a notice of appeal, the conflicting lines of authority the five-judge bench resolved, and the 2019 to 2024 cases applying it.
Read the answer → No. 57Brinks v Brinks: When Can an Appellant Be Ordered to Pay Security for the Costs of an Appeal?
Brinks Pty Ltd v Brink's Incorporated [1996] PNGLR 75 explained: the meaning of "special circumstances" in section 18 of the Supreme Court Act, the four National Court grounds adopted, why a company that has ceased trading was ordered to give security, and the 2021 to 2024 cases applying it.
Read the answer → No. 58Burns Philp v George: Is an Appeal Automatically Lost If It Is Not Set Down in Time?
Burns Philp (New Guinea) Ltd v Maxine George [1983] PNGLR 55 explained: why the rule requiring an appeal to be set down within 28 days does not make dismissal automatic, the four factors the Court identified, and the 2019 to 2025 cases applying it under Order 7 rule 48 of the Supreme Court Rules.
Read the answer → No. 59Donigi v PNGBC: What Exactly Must an Appellant Do to Prosecute an Appeal with Due Diligence?
Donigi v Papua New Guinea Banking Corporation (2001) SC691 explained: the steps an appellant must take after filing, the shifting onus once delay is established, why unresolved questions about infant appellants who had reached majority amounted to want of prosecution, and the 2019 to 2025 cases applying it.
Read the answer → No. 61Kakaraya v Somare: Can an Appeal Be Saved If the Delay Is Cured Before the Dismissal Application Is Heard?
Dan Kakaraya v Sir Michael Somare (2004) SC762 explained: the Donigi principles adopted, the two additions the Court made, why repeated non-attendance at index settlement was adequately explained, why a stale application to dismiss failed, and the 2019 to 2025 cases applying it.
Read the answer →Criminal evidence and trial
Identification, circumstantial evidence, alibi, confessions and the safety of a conviction.
John Beng v The State: How Must a Court Treat Identification Evidence?
John Beng v The State [1977] PNGLR 115 explained: the Turnbull warning on identification evidence adopted for Papua New Guinea, the National Court decision of Frost CJ it upheld, the reasonable-doubt test for an unsafe or unsatisfactory verdict, and the 2023 to 2026 cases applying it, including identification from CCTV.
Read the answer → No. 40Wartoto v The State: Can You Use a Civil Action to Stop a Criminal Prosecution?
Wartoto v The State (2015) SC1411 explained: why civil proceedings and section 155(4) cannot be used to stay or delay a criminal prosecution, the misappropriation charges behind the appeal, and the 2019 to 2023 cases applying it to judicial review and Supreme Court review applications.
Read the answer →Sentencing
The worst-case principle, homicide and sexual offence tariffs, the sentencing discretion and when an appeal court will alter a sentence.
Goli Golu v The State: When Is the Maximum Sentence Justified?
Goli Golu v The State [1979] PNGLR 653 explained: the worst-case principle and proportionality in sentencing, the Kwikila court house killing, how the principle applies to every offence with a maximum penalty, and the 2025 and 2026 cases applying it.
Read the answer → No. 27Manu Kovi v The State: What Are the Sentencing Ranges for Wilful Murder, Murder and Manslaughter?
Manu Kovi v The State (2005) SC789 explained: the four-category sentencing tariff for wilful murder, murder and manslaughter, the factors that define each category, the facts of the case, and the 2025 and 2026 decisions applying and qualifying it.
Read the answer →Civil procedure
Pleadings, default and summary judgment, dismissal for want of prosecution, interim injunctions, abuse of process and costs.
Chief Collector of Taxes v Bougainville Copper: What Must You Prove to Get an Interim Injunction?
Chief Collector of Taxes v Bougainville Copper Ltd (2007) SC853 explained: the principles for interim injunctions in Papua New Guinea, why tax assessments are not stayed pending objection, new points on appeal, and the 2020 to 2026 cases applying it.
Read the answer → No. 30Takori v Yagari: When Can a Claim Be Dismissed for Disclosing No Reasonable Cause of Action?
Takori v Yagari (2007) SC905 explained: the limits of Order 12 rule 40 of the National Court Rules, the difference between no cause of action and poor particulars, the National Court decision in Lerro v Stagg whose principles it adopted, when dismissal is final for appeal purposes, and the 2019 to 2024 cases applying it.
Read the answer → No. 31PNGBC v Tole: Can a Court Award Damages That Were Never Pleaded?
PNGBC v Tole (2002) SC694 explained: the rule that pleadings define what may be proved and awarded, special damages and particulars, the National Court decision in Coecon v National Fisheries Authority it applied, the employment contract point, and the 2019 to 2021 cases applying it.
Read the answer → No. 43Yakasa v Piso: Can a Court Grant Relief That Was Not Pleaded?
Yakasa v Piso (2014) SC1330 explained: the function of pleadings, why rules of court are the handmaiden of justice rather than its master, natural justice in a church leadership dispute, and the 2021 to 2024 cases applying it alongside PNGBC v Tole.
Read the answer → No. 47Coconut Products v Markham Farming: What Happens When a Judge Never Publishes Reasons?
Coconut Products Ltd v Markham Farming Co Ltd (2018) SC1717 explained: the duty to give reasons and its content, an unpublished judgment in a K3.98 million malicious prosecution claim, the tort of civil malicious prosecution as part of the underlying law, and the 2019 to 2021 cases applying it.
Read the answer → No. 48Paki v Motor Vehicle Insurance Ltd: When Will a Court Order Costs on an Indemnity Basis?
Paki v Motor Vehicle Insurance Ltd (2010) SC1015 explained: the test for indemnity costs, striking out a defence for failure to give discovery, the liquidator's duty to keep records, and the 2019 to 2025 cases applying it to solicitor and client costs orders.
Read the answer → No. 49Telikom v ICCC: Is Starting Several Cases on the Same Issue an Abuse of Process?
Telikom PNG Ltd v Independent Consumer and Competition Commission (2008) SC906 explained: multiplicity of proceedings as abuse of process, res judicata after a tribunal decision, when Order 16 must be used, Injia DCJ's dissent, and the 2019 to 2023 cases applying it.
Read the answer → No. 62Kumagai Gumi v NPF: Can a Judge Enter Summary Judgment on a Claim Based on Fraud?
Kumagai Gumi Co Ltd v National Provident Fund Board of Trustees (2006) SC837 explained: no summary judgment on fraud under Order 12 rule 37(b), why a judge cannot repeal a rule of court under Schedule 2.3, when a claim is a liquidated demand, the natural justice error, and the 2019 to 2023 cases applying it.
Read the answer →Judicial review and administrative law
Leave, standing, exhaustion of remedies, natural justice and the remedies the National Court can give against public bodies.
Kekedo v Burns Philp: Must You Exhaust Other Remedies Before Seeking Judicial Review?
Kekedo v Burns Philp (PNG) Ltd [1988-89] PNGLR 122 explained: exhaustion of alternative remedies before judicial review, the discretionary considerations, the grounds of review, the purpose of judicial review as stated by Kapi DCJ, and the 2021 to 2026 cases applying it.
Read the answer → No. 33Asiki v Zurenuoc: Is Section 5 Notice Needed for Judicial Review, and What Remedy Follows?
Asiki v Zurenuoc (2005) SC797 explained: section 5 notice does not apply to Order 16 judicial review, the National Court decision in Punangi v Brown it approved, the duty to give reasons and to act on Public Services Commission recommendations, the Supreme Court's power to grant the review itself, and the 2019 to 2026 cases applying it.
Read the answer → No. 50Lupari v Somare: If a Dismissal Is Quashed, Must the Court Reinstate the Employee?
Isaac Lupari v Sir Michael Somare (2010) SC1071 explained: the two-stage nature of judicial review, why reinstatement is discretionary after certiorari, Injia DCJ's five National Court principles on reinstating public officials, and the 2019 to 2022 cases applying it.
Read the answer →Constitutional law
Basic rights, the separation of powers, section 155(4), constitutional references and the interpretation of Constitutional Laws.
Land and title
Indefeasibility of registered title, the fraud exception, equitable interests, customary land and the jurisdiction of the land courts.
Mudge v Secretary for Lands: Does Registration Cure an Irregularly Granted State Lease?
Mudge v Secretary for Lands [1985] PNGLR 387 explained: indefeasibility of title under section 33 of the Land Registration Act, why irregularities in the grant of a State lease do not defeat registration, the fraud exception, the later debate over constructive fraud, and the 2021 to 2026 cases applying it.
Read the answer → No. 36Emas Estate v Mea: Can a Registered Title Built on an Irregular Forfeiture Stand?
Emas Estate Development Pty Ltd v Mea [1993] PNGLR 215 explained: the irregular forfeiture of a Boroko State lease, the National Court decision of Los J it affirmed, the majority's limits on indefeasibility, Brown J's dissent, the constructive fraud line that followed, and the 2021 to 2024 cases discussing it.
Read the answer → No. 51Rimbunan Hijau v Enei: What Does a Company Owe for Using Customary Land Without the Owners' Consent?
Rimbunan Hijau (PNG) Ltd v Enei (2017) SC1605 explained: trespass to customary land adapted to PNG, the duty of due diligence and the "social licence to operate", damages measured by the trespasser's gain, Gavara-Nanu J's National Court award of over K5 million affirmed, and the 2019 to 2025 cases applying it.
Read the answer →Contract, tort and the State
Claims against the State, notice under section 5, public contracts, damages, vicarious liability and limitation.
Tohian v Tau Liu: Must You Give Notice to the State Before You Issue a Writ?
Tohian v Tau Liu (1998) SC566 explained: section 5 notice as a condition precedent to suing the State, why the Supreme Court followed Rundle v MVIT and reversed the National Court, and the 2019 to 2026 cases that treat it as the root authority.
Read the answer → No. 37Fly River Provincial Government v Pioneer Health Services: Is a Government Contract Void If Tender Rules Were Ignored?
Fly River Provincial Government v Pioneer Health Services Ltd (2003) SC705 explained: mandatory tender and approval requirements under the Public Finances (Management) Act, illegality and restitution, the rule against new points on appeal, and the 2020 to 2025 cases applying it.
Read the answer → No. 38Nare v The State: Must You Identify the Police Officers to Sue the State?
Nare v The State (2017) SC1584 explained: vicarious liability of the State for police raids, no need to join or identify individual officers, the National Court decision in Lanyat v Wagulo it endorsed, the overruling of Kewakali, and the 2019 to 2021 cases applying it.
Read the answer →Election petitions
Strict compliance with section 208, pleading bribery and errors, the role of section 217 and review of election petition decisions.
Pundari v Yakos: What Must You Show to Get Leave to Review an Election Petition Decision?
Pundari v Yakos (2023) SC2345 explained: the criteria for leave to review an election petition decision under section 155(2)(b), why section 220 of the Organic Law raises the bar, and the many 2023 and 2024 cases that adopted the test.
Read the answer → No. 26Hagahuno v Tuke: Does Section 217 Apply When a Petition Is Attacked for Incompetency?
Hagahuno v Tuke (2020) SC2018 explained: the five-judge decision that section 217 and the fair and liberal meaning rule govern objections to competency, what a bribery allegation must plead, why the Court departed from Biri v Ninkama, and the 2023 and 2024 cases applying it.
Read the answer → No. 29Biri v Ninkama: Must an Election Petition Comply Strictly with Section 208?
Biri v Ninkama [1982] PNGLR 342 explained: strict compliance with section 208 of the Organic Law, no amendment after the two-month filing period, why section 155(4) cannot override an Organic Law, and how Hagahuno v Tuke and the 2023 cases now treat it.
Read the answer →Leadership Code and public office
The Leadership Code, the Ombudsman Commission, public service appointments and discipline.