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Supreme Court
The final court of appeal, and the only court that can give a binding interpretation of the Constitution on a reference. It has an inherent power to review all judicial acts of the National Court, and to make whatever orders are necessary to do justice.
Establishment and composition
160(1) — A Supreme Court of Justice is hereby established.
160(2) — It is a superior court of record and, subject to any Act of the Parliament, has the power to punish contempt of court.
161(1) — The Supreme Court consists of the Chief Justice, the Deputy Chief Justice and the other Judges of the National Court (excluding acting Judges).
161(2) — For any hearing, the Court consists of at least three Judges.
161(3) — The Chief Justice, the Deputy Chief Justice or the most senior Judge available presides.
Papua New Guinea does not have a separate bench of Supreme Court judges. The Supreme Court is the Judges of the National Court, sitting in benches of three or more.
A judge who decided a matter at first instance in the National Court does not sit on the appeal from their own decision. But the pool is the same, which is one reason the Court’s workload and the size of the bench matter so much in practice.
Section 162(2) allows the jurisdiction to be exercised by a single Judge in cases provided for by an Act or by the Rules of Court — typically procedural applications, such as leave to appeal or a stay. The full three-judge bench decides the appeal itself.
All 29 forms prescribed by the Supreme Court Rules 2012, from the notice of appeal and application for leave to the review, reference and Listings Rules forms, are on the Supreme Court Forms page, each downloadable in Microsoft Word and PDF.
Jurisdiction
The Supreme Court —
(a) is the final court of appeal; and
(b) has an inherent power to review all judicial acts of the National Court; and
(c) has such other jurisdiction and powers as are conferred on it by the Constitution or any other law.
The jurisdiction of the Supreme Court is as set out in (a) Subdivision II.2.C (constitutional interpretation); (b) Subdivision III.3.D (enforcement); and (c) section 155 — and otherwise as provided by the Constitution or any other law.
| Jurisdiction | Source |
|---|---|
| Appeals from the National Court, civil and criminal | s 155(2)(a); Supreme Court Act (Chapter 37) |
| Review of judicial acts of the National Court, including where no appeal lies | s 155(2)(b) |
| Constitutional interpretation on a reference | ss 18, 19; s 162(1)(a) |
| Questions referred by another court under s 18(2) | s 18(2) |
| Enforcement of the Basic Rights | Subdivision III.3.D; s 162(1)(b) |
| Orders in the nature of prerogative writs and orders necessary to do justice | s 155(4) |
| Contempt of itself | s 160(2) |
Sections 18 and 19 — constitutional questions
Section 18(1) gives the Supreme Court original jurisdiction, to the exclusion of other courts, on any question relating to the interpretation or application of a Constitutional Law.
Section 18(2) requires any other court, where such a question arises, to refer the matter to the Supreme Court unless the question is trivial, vexatious or irrelevant.
Section 19 allows certain authorities — including the Parliament, the Head of State, the National Executive Council, the Law Officers, the Ombudsman Commission and a Provincial Assembly — to refer a question to the Supreme Court for an advisory opinion that has the same binding effect as a decision on a real case.
Appeal and review
An appeal is a statutory right, exercised within the time and on the grounds the Supreme Court Act (Chapter 37) allows, and often requiring leave.
A review under section 155(2)(b) is an inherent constitutional power. It is available where the right of appeal has been lost, or where no appeal lies at all — but it is not a substitute for an appeal a party simply failed to bring in time, and the Court will require the applicant to explain the delay and show that the interests of justice call for review.
Note that some appeals are shut off entirely. Section 64 of the Matrimonial Causes Act (Chapter 282) provides that no appeal lies from a decree of dissolution or nullity of a voidable marriage after the decree has become absolute.
Section 155(4) — orders necessary to do justice
Both the Supreme Court and the National Court have an inherent power to make, in such circumstances as seem to them proper, orders in the nature of prerogative writs and such other orders as are necessary to do justice in the circumstances of a particular case.
This is among the most frequently invoked provisions in Papua New Guinean litigation. It supplies a remedy where no statute or rule provides one — but it is a power to do justice in the circumstances of a particular case, not a general licence to depart from the law.
Independence and compliance
157 — neither the Minister responsible for the National Justice Administration nor any other person or authority outside the National Judicial System (other than the Parliament through legislation) has power to give directions to any court, or to a member of any court, in respect of the exercise of judicial powers or functions.
155(6) — subject to any right of appeal or power of review, it is the duty of all persons — including the Law Officers and other public officers — and of all bodies and institutions, to comply with and put into effect all decisions of the National Judicial System.
- What does the Supreme Court of PNG do?
- Section 19 special references
- The National Judicial System
- The National Court
- Cases Explained — judgments of the Supreme and National Courts in plain language
Sources
- Constitution — ss 18, 19, 155–162, Subdivision III.3.D
- Supreme Court Act (Chapter 37)
- Supreme Court judgments on PacLII
Jump to a subject
62 questions and answers, grouped by subject.
- The Supreme Court and its Rules — 5 questions
- The right of appeal — 7 questions
- Leave to appeal — 5 questions
- Time limits and extensions — 4 questions
- The notice of appeal — 2 questions
- Cross-appeals and amendment — 3 questions
- Security for costs and stays — 3 questions
- The appeal book — 5 questions
- Preparing for and running the hearing — 5 questions
- Listing, directions and summary disposal — 2 questions
- Judgment, powers and orders — 1 question
- Criminal appeals — 5 questions
- Review where no appeal lies — 4 questions
- Constitutional references and enforcement — 3 questions
- Costs in the Supreme Court — 3 questions
- Practical matters — 5 questions
The Supreme Court and its Rules
What the Supreme Court is, how it is constituted, when a single Judge may act, where the Rules come from, the forms, and what happens when the Rules do not cover the situation.
What Is the Supreme Court of Papua New Guinea?
The Supreme Court of Papua New Guinea explained: its establishment under Constitution section 160, its four jurisdictions, and how it differs from the National Court.
Read the answer → No. 2Who Are the Judges of the Supreme Court?
Who sits on the Supreme Court of Papua New Guinea: Constitution section 161, acting judges, the presiding judge, and the rule against sitting on appeal from your own judgment.
Read the answer → No. 3How Many Judges Hear a Supreme Court Case?
How many judges sit on a Supreme Court case in Papua New Guinea: the three-judge minimum, five-judge benches, single Judge powers, and what happens if a judge cannot continue.
Read the answer → No. 6What Forms Do I Use in the Supreme Court?
The forms used in the Supreme Court of Papua New Guinea: which form for which step, the substantial compliance rule, and why using a notice of motion instead of the prescribed form can be fatal.
Read the answer → No. 7What If the Supreme Court Rules Do Not Cover My Situation?
What to do when the Supreme Court Rules 2012 do not prescribe a procedure: Order 11 Rule 9 directions, the waiver power in Rule 10, and why improvising a form is risky.
Read the answer →The right of appeal
Section 4 and section 14 of the Supreme Court Act: when an appeal lies as of right, when leave is required, the difference between final and interlocutory judgments, and the judgments from which no appeal lies at all.
When Can I Appeal to the Supreme Court?
When an appeal lies to the Supreme Court of Papua New Guinea: sections 4 and 14 of the Supreme Court Act, appeals as of right, appeals with leave, and the judgments excluded altogether.
Read the answer → No. 10What Is the Difference Between an Appeal and a Review?
Appeal compared with review in the Supreme Court of Papua New Guinea: the source of each, when review is available, the Avia Aihi test, and why they are not alternatives.
Read the answer → No. 12What Is an Interlocutory Judgment?
Interlocutory judgments in Papua New Guinea explained: what makes a judgment interlocutory, the section 14(3)(b) exceptions, and the statutory deeming provision in section 14(4).
Read the answer → No. 13How Do I Tell If a Judgment Is Final or Interlocutory?
How to classify a National Court judgment as final or interlocutory for the purposes of appealing to the Supreme Court of Papua New Guinea, and what to do when the answer is unclear.
Read the answer → No. 16Can I Appeal a Consent Order?
Why no appeal lies from a consent order in Papua New Guinea, what counts as a consent order, and what to do instead: setting aside for fraud or mistake, or section 155(2)(b) review.
Read the answer → No. 17Can I Appeal an Order About Costs Only?
Appealing a costs order in Papua New Guinea: section 14(3)(c) of the Supreme Court Act, when leave is needed, and the difference between a discretionary costs order and a costs order made on a wrong principle.
Read the answer → No. 18Who Can Appeal to the Supreme Court?
Who has standing to appeal to the Supreme Court of Papua New Guinea: parties, cross-appellants, the Public Prosecutor, the Principal Legal Adviser, and persons added as parties.
Read the answer →Leave to appeal
Order 7 Divisions 1 and 2: when leave is needed, the Form 7 application, what must be shown, who decides it, and what happens if leave is refused.
How Do I Apply for Leave to Appeal?
Applying for leave to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 4, the Form 7 requirements, service, who hears it, and the 21 days that follow a grant.
Read the answer → No. 20What Must I Show to Get Leave to Appeal?
The test for leave to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 4, what an arguable case means, and the factors that weigh for and against a grant.
Read the answer → No. 21What Is Form 7 in the Supreme Court?
Form 7 of the Supreme Court Rules 2012 explained: what it is for, what it must contain under Order 7 Rule 4, and how it differs from the Form 8 notice of appeal.
Read the answer → No. 25Can I Apply for Leave and Appeal at the Same Time?
Filing a leave application and a notice of appeal together in the Supreme Court of Papua New Guinea: why it is prudent, what it costs, and what Yakham v Merriam forbids.
Read the answer → No. 26How Long Do I Have to Apply for Leave to Appeal?
The time limit for a leave application in the Supreme Court of Papua New Guinea: section 17, Tsang v Credit Corporation, extensions under Order 7 Rule 1, and the 21 days after a grant.
Read the answer →Time limits and extensions
Section 17 and the 40-day rule: when time starts, how it is counted, what an extension requires, and the review route where the time for appealing has passed.
How Long Do I Have to Appeal to the Supreme Court?
The 40-day time limit for appealing to the Supreme Court of Papua New Guinea: sections 17 and 29, when time starts, extensions, and what Avia Aihi decided about missing it.
Read the answer → No. 28When Does the Time for Appealing Start Running?
When the 40-day appeal period starts in Papua New Guinea: the date of judgment under section 17, the date of conviction under section 29, and what counts as a judgment.
Read the answer → No. 29How Is Time Counted in the Supreme Court?
How time is reckoned in Supreme Court of Papua New Guinea appeals: calendar days, the periods in the Rules, and why a statutory period cannot be enlarged like a rule-made one.
Read the answer → No. 30Can I Get an Extension of Time to Appeal?
Extending time to appeal to the Supreme Court of Papua New Guinea: Order 7 Rule 1, the Form 4 application, what the affidavit must show, and why the application must be inside the 40 days.
Read the answer →The notice of appeal
Order 7 Divisions 3 to 5: the Form 8 notice, what the grounds of appeal must contain, filing and service, and the consequences of a defective notice.
How Do I Start an Appeal in the Supreme Court?
Starting a Supreme Court appeal in Papua New Guinea: Order 7 Rule 7, the Form 8 notice, filing, service, the appointment to settle, and what happens in the first weeks.
Read the answer → No. 38What Makes a Ground of Appeal Incompetent?
Incompetent grounds of appeal in the Supreme Court of Papua New Guinea: the Rule 10 particularity requirement, missing leave, new points, and consent orders.
Read the answer →Cross-appeals and amendment
Order 7 Divisions 8 and 9: the supplementary notice, instituting a cross-appeal, notice of contention, and amending an appeal after it has been filed.
What Is a Notice of Contention?
Notices of contention in the Supreme Court of Papua New Guinea: Order 7 Rule 29, the difference from a cross-appeal, and getting the relevant record into the appeal book.
Read the answer → No. 47Can I Amend My Notice of Appeal?
Amending a notice of appeal in the Supreme Court of Papua New Guinea: Order 7 Rules 25 and 26, the two deadlines, and the difference between amending and adding.
Read the answer → No. 48What Is a Supplementary Notice of Appeal?
Supplementary notices of appeal in the Supreme Court of Papua New Guinea: what they do, how to draft one, filing and service, and the Tsang limitation.
Read the answer →Security for costs and stays
Section 18 and section 19: security for the appeal, the effect of an appeal on the judgment below, and how to apply for a stay in the correct form.
Does an Appeal Stop the Judgment Taking Effect?
Whether a Supreme Court appeal stays a National Court judgment in Papua New Guinea: section 19 of the Supreme Court Act, and what an appellant must do instead.
Read the answer → No. 55How Do I Apply for a Stay Pending Appeal?
Applying for a stay of a National Court judgment pending appeal in Papua New Guinea: Form 4, Kawaso v Oil Search, the supporting affidavit, and urgency.
Read the answer → No. 57Can I Get Interim Orders While My Appeal Is Pending?
Interim orders pending a Supreme Court appeal in Papua New Guinea: section 5(1)(b), Order 11 Rule 8, the Duty Judge, and how to apply.
Read the answer →The appeal book
Order 7 Divisions 10 to 17: the appointment to settle, collection of papers, the draft index, settlement, what goes into the appeal book, lodgement, service and who pays for it.
What Is an Appeal Book?
The Supreme Court appeal book in Papua New Guinea: what it is, what it contains, why Order 13 Rule 7 makes it the gateway to a hearing, and who prepares it.
Read the answer → No. 62What Is the Draft Index to the Appeal Book?
The draft index to a Supreme Court appeal book in Papua New Guinea: Order 7 Rules 40 and 41, how to draft one, and how a respondent gets material included.
Read the answer → No. 64What Goes Into a Supreme Court Appeal Book?
Contents of a Supreme Court appeal book in Papua New Guinea: Order 7 Rule 43(13), what must be excluded, and the oral judgment certificate requirement.
Read the answer → No. 65How Should the Appeal Book Be Arranged and Paginated?
The physical requirements for a Supreme Court appeal book in Papua New Guinea: Order 7 Rule 43, volume thickness, line numbering, and examination and certification.
Read the answer → No. 67When Must the Appeal Book Be Lodged?
Timing for lodging a Supreme Court appeal book in Papua New Guinea: why there is no fixed deadline, the Callover List, directions, and want of prosecution.
Read the answer →Preparing for and running the hearing
Order 7 Divisions 18 to 22 and Order 11: setting down, written submissions, the extract of argument, the list of authorities, the report by the primary judge, adjournment and further evidence.
What Are Written Submissions in the Supreme Court?
Written submissions in the Supreme Court of Papua New Guinea: Order 11 Division 9, the 10-page limit, the chronology requirement, and citation rules.
Read the answer → No. 75Can I Adjourn a Supreme Court Appeal?
Adjourning a Supreme Court appeal in Papua New Guinea: Order 13 Rule 13, the three-day requirement, and Order 7 Rule 61 on appeals not reached.
Read the answer → No. 78How Long Does a Supreme Court Appeal Take?
How long a Supreme Court appeal takes in Papua New Guinea: the fixed deadlines, the monthly listing cycle, what causes delay, and how to expedite.
Read the answer → No. 137What Affidavits Do I Need in the Supreme Court?
Affidavits in the Supreme Court of Papua New Guinea: which applications need them under the Supreme Court Rules 2012, the further evidence procedure in Order 7 Rules 52 to 59, the National Court Rules form of affidavit applied by Order 2 Rule 1, what an affidavit must contain, and the affidavit of service.
Read the answer → No. 139How Do I Get a Sealed Copy of a Supreme Court Order?
Sealed orders in the Supreme Court of Papua New Guinea: section 38 of the Supreme Court Act, entry of orders, the Registrar's role, Order 12 Division 9 entry of costs orders, Order 13 Rule 16(2) orders drafted by the Registrar, the certified copy of an order needed for an Order 10 appeal, and enforcement.
Read the answer →Listing, directions and summary disposal
Order 13, the Listings Rules: the General List, the monthly call over, the Duty Judge, the directions hearing and status conference, urgent applications, the hearing list, and summary determination of appeals that are not prosecuted with diligence.
What Is a Directions Hearing in the Supreme Court?
The Supreme Court directions hearing in Papua New Guinea explained: Order 13 Rule 8 of the Supreme Court Rules 2012, Form 10A, what the Duty Judge checks, who must attend, the directions that can be made, and what happens if you do not comply.
Read the answer → No. 128Who Is the Duty Judge in the Supreme Court?
The Supreme Court Duty Judge in Papua New Guinea: Order 13 Rule 2 of the Supreme Court Rules 2012, what the Duty Judge does at listings, motions and urgent applications, the limits of a single Judge's jurisdiction, and how to get before the Duty Judge.
Read the answer →Judgment, powers and orders
Sections 6, 7, 8 and 16: appeal by way of rehearing, the powers of the Court on appeal, judgments by less than the full bench, and what the Court can order.
Criminal appeals
Division 3 of the Act: appeals against conviction and sentence, the Public Prosecutor's appeal, references following an acquittal, new trials, and the Registrar's duties.
How Do I Appeal a Criminal Conviction?
Appealing a criminal conviction to the Supreme Court of Papua New Guinea: section 22, the 40-day limit in section 29, and the Registrar's duties to detainees.
Read the answer → No. 91What Is the Proviso in a Criminal Appeal?
The proviso in section 23(2) of the Supreme Court Act of Papua New Guinea: what it means, when it is applied, and how to argue against it.
Read the answer → No. 92How Long Do I Have to Appeal a Criminal Case?
The time limit for a criminal appeal in Papua New Guinea: section 29 of the Supreme Court Act, extensions, death and corporal punishment sentences, and what to do if you are late.
Read the answer → No. 96Can the Supreme Court Increase My Sentence?
Whether the Supreme Court of Papua New Guinea can increase a sentence on appeal: section 23(4), section 8(2), section 27, and what it means for advising a client.
Read the answer → No. 145What If the Appellant Dies Before the Appeal Is Heard?
Death of a party during a Supreme Court appeal in Papua New Guinea: civil appeals continue under Order 5 Rules 10 to 12 of the National Court Rules through Order 2 Rule 1 of the Supreme Court Rules 2012, substitution of the estate, the three-month rule, causes of action that do not survive, criminal appeals and the Public Prosecutor, and what happens when a respondent dies.
Read the answer →Review where no appeal lies
Order 5 and Constitution section 155(2)(b): the inherent power to review judicial acts of the National Court, when it is available, and election petition reviews.
When Can I Ask the Supreme Court to Review a Decision?
Applications for review under Constitution section 155(2)(b) in Papua New Guinea: when review is available, Order 5, and the difference from an appeal.
Read the answer → No. 101How Do I Apply for a Supreme Court Review?
Applying for review under Constitution section 155(2)(b) in Papua New Guinea: Order 5 Rules 1 to 6, Form 5, leave, service, and interlocutory orders.
Read the answer → No. 102What Must I Show to Get Leave for Review?
Leave for review under Constitution section 155(2)(b) in Papua New Guinea: Avia Aihi, Leahy, what an application must establish, and the affidavit material.
Read the answer → No. 147How Do I Appeal a Judicial Review Decision to the Supreme Court?
Appealing a National Court judicial review or habeas corpus decision in Papua New Guinea: Order 10 of the Supreme Court Rules 2012 and Form 15 notice of motion, the SCM file, the 40-day limit under section 17 of the Supreme Court Act, when leave is required, appealing a refusal of leave under Order 16 Rule 3 of the National Court Rules, the appeal book, and why the wrong form makes the appeal incompetent.
Read the answer →Constitutional references and enforcement
Orders 4 and 6: references under Constitution section 18, special references under section 19, who may intervene, and enforcement of constitutional rights.
What Is a Constitutional Reference Under Section 18?
Section 18 of the PNG Constitution: original interpretative jurisdiction, references from other courts, Order 4 of the Supreme Court Rules, and standing.
Read the answer → No. 109Who Can Make a Special Reference to the Supreme Court?
Who may make a special reference under section 19(3) of the PNG Constitution, why the list is closed, and what a person outside it can do instead.
Read the answer → No. 111How Do I Enforce a Constitutional Right in the Supreme Court?
Enforcing constitutional rights in the Supreme Court of Papua New Guinea: Order 6, section 57, Form 6, service, and the relationship with section 58 damages.
Read the answer →Costs in the Supreme Court
Order 12: where the costs power comes from, taxation, the bill of costs, party and party costs, indemnity costs, and enforcing a costs order.
How Are Supreme Court Costs Taxed?
Taxation of costs in the Supreme Court of Papua New Guinea: Order 12 Divisions 10 and 17 to 39, the timetable, objections, and the certificate of taxation.
Read the answer → No. 115Can I Get Indemnity Costs in the Supreme Court?
Indemnity and solicitor/client costs in the Supreme Court of Papua New Guinea: Order 12 Rules 5, 11 and 30, and how to ask for a different basis.
Read the answer → No. 116How Do I Enforce a Supreme Court Costs Order?
Enforcing a Supreme Court costs order in Papua New Guinea: Order 12 Rules 9, 36 to 39, entry of judgment, interest, and review of a taxation.
Read the answer →Practical matters
Notice of appearance, address for service, service generally, withdrawal, applications after an appeal is disposed of, the slip rule, and appearing without a lawyer.
What Is a Notice of Appearance in the Supreme Court?
Notices of appearance in the Supreme Court of Papua New Guinea: Order 11 Rule 2, Form 16, timing, next friends, and combining it with a cross-appeal.
Read the answer → No. 118What Is an Address for Service in the Supreme Court?
Addresses for service in the Supreme Court of Papua New Guinea: Order 11 Rules 3 to 7, the 15-kilometre rule, the Document Exchange Box, and changing your address.
Read the answer → No. 121How Do I Withdraw From a Supreme Court Proceeding?
Withdrawing from a Supreme Court proceeding in Papua New Guinea: Order 11 Division 15, discontinuance under Order 7, ceasing to act, and the costs consequences.
Read the answer → No. 169What Does It Mean When the Supreme Court Remits a Case?
Remittal by the Supreme Court of Papua New Guinea: section 16(d) and (e) of the Supreme Court Act, the difference between remitting for further hearing, ordering a new trial and giving judgment under section 16(c), when the Court remits, what the National Court must do on remittal, whether the same Judge hears it, costs, and section 28 new trials in criminal appeals.
Read the answer → No. 170What Happens When the Supreme Court Reserves Its Judgment?
Reserved judgments in the Supreme Court of Papua New Guinea: what "judgment reserved" and "cur adv vult" mean, section 12 of the Supreme Court Act on judgment by fewer than the full bench, section 3 on a Judge unable to continue, how delivery is notified, majority and dissenting opinions under section 7, delay and what a party can do, and the position pending judgment.
Read the answer →Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. 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.