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Papua New Guinea Court Rules |
Supreme Court Rules 1984
THE INDEPENDENT STATE OF PAPUA NEW GUINEA
Rules of the Supreme Court of Justice 1984,
PURSUANT to Section 184 of the Constitution and all other powers there unto enabling, the following Rules of Court for regulating and prescribing the practice and procedure of the Supreme Court of Justice are made and shall come into force on a date specified by publication of a Notice in the National Gazette.
KIDU, C.J.
KAPI, D.C.J.
PRATT, J.
BREDMEYER, J.
KAPUTIN, J.
McDERMOTT, J.
AMET, J.
WOODS, J.
____________________
RULES OF THE SUPREME COURT OF JUSTICE
PART I—PRELIMINARY
ORDER 1—INTERPRETATIVE MATTERS
Division 1.—Repeal and interpretation
1. These Rules may be cited as the Rules of the Supreme Court of Justice or by the shorter form Supreme Court Rules.
2. These Rules shall apply to all proceedings commenced or instituted on or after the date of commencement of these Rules.
3. These Rules shall come into force on the date to be fixed by notice in the National Gazette.
4. The Supreme Court Rules 1977 are repealed.
5. A proceeding pending and judgment, decree or order given or made before the commencement of these Rules, being of a kind to which these Rules apply, shall be treated as if pending, given or made under these Rules and may be proceeded with, enforced, varied or otherwise dealt with accordingly, subject to any special order or direction made or given by the court in a particular case.
6. These Rules are divided in Parts, Orders, Divisions and Rules as follows:—
Division 2.—Definitions and forms
7(a) In these Rules, unless the contrary intention appears:—
"The Act" means the Supreme Court Act 1975;
"Application" means an application allowed under these rules and "applicant" has a corresponding meaning;
"Authority" in relation to any special reference means the authority by whom the reference is made under Constitution Section 19;
"Court" means the Supreme Court of Justice;
"Judgment" means the judgment, decree, order or sentence of a court or a judge under appeal or in respect of which leave to appeal is sought;
"Judge" means a judge of the Supreme Court of Justice;
"Order" where specifically referred to in these rules means an order of a judge of the court;
"The principal legal adviser" means the Principal Legal Adviser within the meaning of the Attorney-General Act 1989;
"Registrar" means—
(a) The Registrar of the Court; and
(b) Includes an acting, deputy or assistant Registrar;
"Registry" means the offices of the Court;
"Reference" means a Reference to the Court under Constitution Section 18;
"Special Reference" means a Reference to the Court under Constitution, Section 19;
"Substantive proceedings" means proceedings instituted under these Rules, not being in the nature of interlocutory matters or an appeal pursuant to Order 11 Rule 27.
(b) In these Rules, unless the context or subject matter otherwise indicates or requires, a reference to a Part or to an Order or to a Schedule is a reference to that Part, Order or Schedule in these Rules.
(c) A reference to a form by number shall be read as a reference to the form so numbered in the First Schedule.
8. Forms
(a) Subject to sub-rule (b) of this Rule:—
(1) The forms in the First Schedule shall be used where applicable.
(2) It shall be sufficient compliance with any requirement of an Act or these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variations as the nature of the case requires.
(3) A form in these Rules shall be completed in accordance with the directions, if any, contained in the form.
(b) Where the citation of an Act stated in a form is subsequently altered, the citation as altered, may be substituted for the citation of that Act in the form.
(c) The forms referred to in Section 32(1) of the Act shall be those so numbered in the Second Schedule.
ORDER 2—ADMINISTRATIVE MATTERS
Division 1.—Certain rules to apply
1. Application of National Court Rules
The following Rules of the National Court shall apply as if they were, with necessary modifications, Rules of the Supreme Court with regard to—
(1) Sittings and vacations Order 2 Division 1
(2) The registry Order 2 Division 2
(3) Documents Order 2 Division 3
(4) Lawyers Order 2 Division 5
(5) Fees Order 2 Division 6
(6) Funds in court Order 2 Division 7
PART 2—ORIGINAL JURISDICTION
ORDER 3—PROCEDURE
Division 1.—Commencement and continuance of proceedings
1. Proceedings which relate to a matter or question within the original jurisdiction shall be entitled "In the Supreme Court of Justice" and shall be commenced and continued in accordance with these Rules.
2. Where any proceedings under Rule (1) are pending before the Court—
(a) a direction not involving a final decision upon the proceedings; or
(b) an interim order to prevent prejudice to the claims of the parties; or
(c) an order for security for costs; or
(d) an order in the nature of orders such as are referred to in Section 8(1)(a), (b), and (c) of the Act—
may be made by a Judge.
3. Upon the direction of the Court, either on the application of a party to the proceedings or of its own motion, a single Judge may take evidence upon any issue of the fact for the determination of the proceedings and state those facts as found by him, and the Court may act upon such statement of facts so far as it thinks fit to adopt it.
ORDER 4—REFERENCES UNDER THE CONSTITUTION
Division 1.—Form of reference
1. A reference under Constitution Section 18 or a special reference under Constitution Section 19 shall be instituted by a reference and shall—
(a) be entitled under the Section of the Constitution by which it is made together with the year and number of the reference; and
(b) and with—
(i) the name of the person, or authority making the reference under Section 18(1) or special reference under Section 19; or
(ii) with the title or proceedings if the reference is under Section 18(2); and
(c) state the name of the person, court, tribunal or authority making the reference; and
(d) be in accordance with forms 1, 2, or 3 whichever is applicable; and
(e) be signed by the person, court, tribunal, authority or proper officer on behalf of the authority as required by law, making the reference; and
(f) be filed in the registry.
2. A reference under Constitution Section 18 shall state—
(a) the question to be referred and such facts as are admitted or found by the Judge of the National Court and are necessary for the proper consideration of the question; and
(b) if the facts referred to in sub-rule (a) cannot be conveniently and shortly stated, the findings of the Judge of the National Court shall be annexed to the reference; and
(c) where a question involves the pleadings before the court or tribunal from which it is referred, then so much of the pleadings shall be set out in the reference as raise the question.
3. A special reference under Constitution Section 19 shall—
(a) state the question, the subject of the reference; and
(b) state the circumstances in which it arises; and
(c) if appropriate, have annexed a copy of the law or proposed law the validity of which is questioned; and
(d) specify the relevant provisions of the Constitutional Law.
Division 2.—Provisions applicable to reference made pursuant to Constitution section 18(2)
4. Where a court or tribunal making a reference consists of a magistrate or some other officer, but not a Judge of the National Court, Rules 6, 7, 8, following apply as if the description of his office were substituted for the words "Judge of the National Court".
5. Where a Judge of the National Court proposes to make a reference under Constitution Section 18(2), he may give such directions as he considers proper for the drafting of the reference and for the preparation of the documents for the court including copies for use by the court and the parties at the hearing.
6. The original reference shall be signed by the Judge of the National Court by whom the reference is made or in his absence another Judge of the National Court and shall be transmitted to the Registrar.
7. The Judge by whom the reference is made or, in his absence, another Judge of the National Court may, upon the application of a party or of his own motion, upon notice to the parties, amend the reference at any time before argument.
Division 3.—Provisions applicable to reference made pursuant to Constitution sections 18(1) and 19
8. On the day the reference or special reference is filed, the Registrar shall make an appointment with a Judge to make directions in relation to—
(a) the form and contents of the question to be decided by the court; and
(b) the contents of the reference book; and
(c) the provision of counsel; and
(d) the setting down of the question for hearing; and
(e) such other matters as the Judge considers proper.
9. The referor may withdraw or amend the reference or special reference—
(a) if no party has intervened;
(i) without leave before hearing, or
(ii) with leave after commencement of hearing but before the court has given its opinion; or
(b) if a party has intervened, with leave of the court or of a Judge.
10. Where leave is granted under Rule 10, it shall be on such conditions as the court or a Judge thinks fit.
11. Notice of withdrawal or amendment or an application for leave shall
(a) be in accordance with form 15 or 6 whichever is applicable;
(b) where leave is sought, be supported by affidavit;
(c) be filed in the registry; and
(d) be served on all parties to the proceedings and given to such persons as the court or a Judge directs.
Division 4.—Service
12. A reference or special reference shall be served on the Principal Legal Adviser unless such application is made by that authority as soon as possible after it is filed in the registry.
13. Where a reference or special reference relates to the Constitutional validity of any Act or a provision in any Act passed by—
(a) The National legislature in relation to any Province; or
(b) The legislature of a Province,
it shall be served on the Provincial Government according to law.
Division 5.—Setting down for hearing
14. A reference shall not be set down for hearing—
(a) until the time allowed by an order under Rule 16 has expired; or
(b) until an application under Rule 18 has been determined.
15. Subject to Rule 14, the Registrar shall—
(a) unless otherwise ordered by the Court or a Judge, set a reference down for hearing at the first sittings of the court to be held at the expiration of 28 days after the date of receipt of a reference; and
(b) give notice of the hearing to the parties.
Division 6.—Court may decline to give opinion
16. The court may decline to give an opinion on the question the subject of the reference or special reference if in the opinion the question is trivial, vexatious, hypothetical or unlikely to have any immediate relevance to the circumstances of Papua New Guinea.
Division 1.—Intervention
17. Where—
(a) the Court;
(b) the referor; or
(c) the Principal Legal Adviser—
desires to give notice of a reference under this order to persons who may have an interest in the proceedings, the court may make an order for the purpose.
18. An order made under Rule 15 shall include—
(a) the form of the notice; and
(b) publication of the notice; and
(c) the time limited for filing an application to intervene.
19. Before a reference has been set down for hearing, any person who has an interest in the proceedings may make application to the Court or to a Judge for leave to intervene.
Division 8.—Application to intervene
20. An application under Rule 17 shall be instituted by an application to intervene and shall—
(a) be entitled under the reference in question; and
(b) be entitled with the name of the person making the application; and
(c) state briefly the particulars relied upon; and
(d) be in accordance with form 4; and
(e) be signed by the person making the application; and
(f) be filed in the registry.
21. An application to intervene shall be supported by affidavit.
Division 9.—Service of application
22. The application shall be served as soon as possible on all parties to the proceedings.
ORDER 5—REVIEW OF NATIONAL COURT
Division 1.—Form of review application
1. An application to the court under Constitution Section 155(2)(b) shall be instituted by an application to review and shall—
(a) be entitled under the Section of the Constitution by which it is made together with the year and number of the application; and
(b) be entitled with the name of the person making the application; and
(c) state briefly particulars of the judicial act to be reviewed; and
(d) the order sought in lieu thereof; and
(e) be in accordance with form 5; and
(f) be signed by the person seeking the review; and
(g) be filed in the registry.
Division 2.—Service
2. The review shall be served as soon as possible on all parties to the National Court proceedings from which the judicial act to be reviewed arises
ORDER 6—ENFORCEMENT OF CONSTITUTIONAL RIGHTS
Division 1.—Commencement of proceedings
1. An application to enforce Constitutional rights under Constitution Section 57 shall in the first instance if not made in the National Court, be made to a Judge.
2. An application shall be supported by affidavit setting out the facts giving rise to the application.
Division 2.—Form of constitutional enforcement application
3. An application under Constitution Section 57 shall be instituted by an application to enforce constitutional rights and shall—
(a) be entitled under the Section of the Constitution by which it is made together with the year and number of the application; and
(b) be entitled with the name of the court, person or law officer making the application; and
(c) state briefly the circumstances giving rise to the application and specify the relevant Constitutional rights provisions; and
(d) be in accordance with form 6; and
(e) be signed by the person or law officer making the application; and
(f) be filed in the registry.
Division 3.—Service
4. An enforcement application and supporting affidavits shall be served—
(a) on those whose conduct give rise to the action; and
(b) if action for enforcement is taken against the executive arm of Government, in accordance with Order 4 Division 4.
PART 3—JURISDICTION UNDER SUPREME COURT ACT
ORDER 7—APPEALS.
Division 1.—Application for leave to appeal
1. Where an appeal from a judgment lies to the court only with leave, an application shall be determined after an oral hearing.
2. An application for leave to appeal shall be made by filing a notice in writing and shall—
(a) be entitled "In the Supreme Court of Justice" and shall also be entitled as between the party as appellant and the party as respondent; and
(b) show that an appeal lies with leave; and
(c) state the nature of the case, the questions involved and the reason why leave should be given; and
(d) show an address for service of the party giving the notice; and
(e) be in accordance with form 7.
3. Notwithstanding anything contained in sub-rule (1), application may be made before the court that application for leave to appeal be heard concurrently with or immediately before the hearing of the appeal, and for such consequential orders as may be necessary.
Division 2.—Filing and serving notice of application for leave to appeal
4. The provisions of Rule 10, with the necessary modifications shall apply to an application for leave to appeal and notice of such application.
5. When leave to appeal has been granted, the Supreme Court may treat the notice of application for leave as notice of appeal, but otherwise, a notice of appeal shall be filed within 21 days immediately after the date on which leave is granted or within such time as the Court or Judge may allow.
Division 3.—Notice of appeal
6. An appeal shall be instituted by a notice of appeal.
7. The notice of appeal and all subsequent proceedings shall be entitled "In the Supreme Court of Justice" and shall be entitled as between the party as appellant and the party as respondent.
8. The notice of appeal shall—
(a) state that an appeal lies without leave or that leave has been granted and or annex the appropriate order to the notice of appeal; and
(b) state whether the whole or part only and what part of the judgment is appealed from; and
(c) state briefly but specifically the grounds relied upon in support of the appeal; and
(d) state what judgment the appellant seeks in lieu of that appealed from; and
(e) be in accordance with form 8; and
(f) be signed by the appellant or his lawyer; and
(g) be filed in the registry.
9. Without affecting the specific provisions of Rule 8, it is not sufficient to allege that a judgment is against the evidence or the weight of the evidence or that it is wrong in law, and the notice must specify with particularity the grounds relied on to demonstrate that it is against the evidence and the weight of the evidence and the specific reasons why it is alleged to be wrong in law.
Division 4.—FIling and serving notice of appeal
10. Upon filing the notice of appeal, the appellant for the purposes of Sections 17 and 29 of the Act shall be deemed to have given notice of appeal in the prescribed manner.
11. Where the appeal is from a Judge of the National Court sitting on an appeal, a copy of the notice of appeal shall be left with the court or tribunal from the judgment of which the appeal was brought to the National Court.
12. A copy of the notice of appeal shall be served without delay by or on behalf of the appellant on each party—
(a) affected by the relief sought by the notice of appeal; or
(b) interested in maintaining so much of the judgment as is appealed from.
13. The Court or a Judge may direct—
(a) the notice of appeal be served on any other person; or
(b) service on a particular party or person be dispensed with; or
(c) service be effected in a particular manner.
Division 5.—Objection to competency of appeal
14. A respondent who objects to the competency of an appeal or of an application for leave to appeal shall, within 14 days after service on him of the notice of appeal—
(a) file an objection in accordance with form 9; and
(b) serve a copy of the objection on the appellant.
15. Any party may file affidavits.
16. An objection of which notice has been given shall be determined by the court at or before the hearing of the appeal or of the application for leave to appeal as the court thinks proper.
17. Upon the hearing of the application the burden of establishing the competency of the appeal is on the applicant.
18. If notice of objection is not given and the appeal or the notice of application for leave to appeal is dismissed as incompetent, the respondent shall not receive any costs of the appeal unless the court on special grounds orders otherwise.
Division 6.—Discontinuance of appeal
19. An appellant may at any time file and serve a notice of discontinuance of the appeal and upon it being filed, the appeal shall be abandoned.
20. The notice filed by an appellant under Rule 19 does not affect any other appellant in the appeal.
21. A party filing a notice under Rule 19 shall except in criminal appeals, be liable to pay the costs of the other party or parties occasioned by his appeal.
22. A party whose costs are payable under Rule 21 may tax the costs and if the taxed costs are not paid within 14 days after service of the certificate of taxation, may enter judgment for the taxed costs.
Division 7.—Security for costs
23. Unless the court otherwise directs no security for costs of an appeal to the court shall be required.
Division 8.—Amendment by supplementary notice
24. A notice of appeal may, before the date of appointment to settle under Rule 42 be amended without leave by filing a supplementary notice.
25. A party who files a supplementary notice under Rule 24 shall serve and file it in accordance with Rule 12.
Division 9.—Institution of cross appeal
26. A respondent who desires to appeal from any part of the judgment, or to seek a variation of a part of the judgment, need not institute a substantive appeal, but in addition to complying with Order 11 Rule 2 he shall, within the period or extended period provided for by Section 17 of the Act, file in the registry a notice of cross appeal.
27. The notice of cross appeal shall—
(a) be entitled as between the party as cross appellant and the party as cross respondent; and
(b) state that the cross appeal lies without leave or that leave has been granted and annex the appropriate order to the notice of cross appeal; and
(c) state what part of the judgment the respondent cross appeals from or contends should be varied; and
(d) state briefly but specifically the grounds of the cross appeal; and
(e) state what relief is sought in lieu of the order cross appealed from or the variation sought in that order; and
(f) be in accordance with form 10; and
(g) a copy of the notice shall be served immediately on the appellant and any other person affected by the relief claimed; and
(h) form 10 may, if convenient, be combined with form 16.
28. It is not necessary to give notice of cross appeal if a respondent proposes to contend that some matter of fact or law has been erroneously decided against him but does not seek a discharge or variation of a part of the judgment actually pronounced but the respondent shall in that event—
(a) give notice of the contention to the appellant; and
(b) give notice to the appellant of the record of evidence or documents before the National Court relevant to the contention, for inclusion in the appellant's draft index to be prepared in accordance with Rule 40; and
(c) request the Registrar to include such record of evidence or documents in the appeal book.
Division 10.—Retention of exhibits
29. Where an appeal from a judgment may lie by leave or without leave to the court, the officer of the National Court who has custody of the exhibits in the proceedings shall, unless the primary Judge otherwise orders, retain the exhibits—
(a) for 40 days after the date when the judgment is pronounced; or
(b) if within the period of 40 days leave to appeal to the court from the judgment is granted for a further period of 40 days.
30. Upon the filing of a notice of appeal—
(a) the Associate to the primary Judge shall make out and certify a list of exhibits; and
(b) the exhibits, the list and any other documents before the primary Judge shall be delivered to the registry.
31. Where an exhibit cannot be so delivered, the Associate shall in his certificate, state the circumstances and give such information as he can to enable the Registrar to cause the exhibit to be available at the court.
32. The Registrar shall retain the documents obtained under Rules 30 and 31 until the disposal of the appeal and shall, subject to any direction by the court, return them to the persons from whom they were obtained.
Division 11.—Appointment to settle
33. The appellant shall on filing the notice of appeal get from the proper officer in the registry an appointment to settle the appeal book.
34. The appellant shall serve notice of the appointment on each person on whom the appeal is served.
35. The notice of appointment may be subscribed to the notice of appeal.
Division 12.—Collection papers
36. Before the date appointed for settling the appeal book, the appellant shall obtain and produce to the Registrar, if required—
(a) the reasons for judgment of the primary Judge or Court; and
(b) a copy of the notes of evidence taken by the primary Judge certified by his Associate or other authorized person.
37. If a copy of the transcript of proceedings is available, it shall be obtained from the Registrar and corrected in accordance with Rules 38 and 39.
38. The appellant shall on obtaining a copy of the transcript referred to in sub-rule (2)—
(a) correct any errors that appear in it; and
(b) submit a list of corrections to the respondent; and
(c) afford the respondent a reasonable opportunity of examining the transcript and corrections.
39. If the parties disagree upon the accuracy of any part of the transcript or are unable to agree upon a correction, the question shall be submitted to the Registrar or primary Judge for direction on the matter.
Division 13.—Draft index of appeal book
40. A draft index of the papers which are to constitute the appeal book shall be prepared and filed in the registry before the date appointed for settlement.
41. The appellant shall serve the draft index on the respondent a reasonable time before the appointment to settle the appeal book but no later than two clear days before settlement.
Division 14.—Settlement
42. At the appointment to settle the appeal book, the Registrar shall—
(a) determine what documents and matters shall be included in the appeal book and the order of inclusion and such other matters as he thinks fit concerning the preparation of copies of the appeal papers; and
(b) settle the index in accordance with the Rule 43 sub-rule (m); and
(c) determine the number of copies of the appeal book required; and
(d) may, if he thinks necessary, obtain the direction of the primary Judge; and
(e) if practicable, set down the appeal for hearing.
Division 15.—The appeal book
43. (a) The appeal book for use on the hearing of an appeal, shall be prepared in bound volumes or a suitable binder on paper of such size as set out in Order 1 Rule 26 of the National Court Rules and every tenth line on each page shall be numbered.
(b) The thickness of any one volume of the appeal book shall not exceed 38mm.
(c) The title pages shall give the full and correct title of the proceedings, and the names of the lawyers for each party, telephone numbers and their addresses for service.
(d) After the title page there shall follow the index consisting of a complete list of the documents contained in the appeal book as settled by the Registrar, stating in the case of each document whether it is copied or not, and if copied, indicating at what page of the appeal book it appears.
(e) In the Index, the exhibits shall be arranged in the order in which they have been lettered or numbered in the National Court.
(f) The date and a short description of each document shall precede it, but backsheet or formal headings shall not be printed or copied, and jurats, formal identification of exhibits and the like shall be omitted.
(g) Interrogatories and answers, and affidavits of documents, shall not be copied except so far as they were put in evidence.
(h) Where the transcript of evidence is reproduced, the name of the witness together with a notation indicating whether the evidence given is in chief (IC), cross examination (XX) or re-examination (RX) shall appear on right hand side of each page.
(i) A copy of the appeal book shall be examined with the original documents, and all copies shall be corrected.
(j) The examined copy of the appeal book shall be filed in the registry with a certificate by the parties or their lawyers that it has been examined and is correct.
(k) The appeal book shall be prepared and produced in a manner satisfactory to the Registrar.
(l) Only such documents as are relevant or necessary shall be included in the appeal book.
(m) The appeal papers shall be paginated and the documents arranged in the following order:—
(1) The notice of appeal to the Supreme Court;
(2) Process and pleadings;
(3) Evidence, oral or affidavit, stating the name of each witness or deponent and page number on which such evidence commences;
(4) Testimony taken on commission or before an examiner and put in or used as evidence;
(5) Exhibits, arranged in the order in which they have been lettered or numbered as exhibits in the National Court.
(6) The reasons for judgment of the primary judge or Court;
(i) where the text of an oral judgment is to be included in the appeal book it shall first be submitted to the Judge for correction and shall, when included in the appeal book, be accompanied by a certificate from the Registrar that, this has been done.
(7) The formal judgment or order of the primary Judge or Court.
(8) If the judgment appealed from is that of a Judge of the National Court sitting on an appeal—notice of appeal, the reasons for judgment and the formal order in that proceeding;
(9) The certificate that the appeal book has been examined and is correct.
Division 16.—Lodgment and service
44. Unless the court or a Judge otherwise orders, the appellant shall, not less than seven days before the commencements of the sittings at which the appeal is set down for hearing—
(a) lodge with the Registrar and
(b) serve on each of the respondents separately represented,
copies of the appeal hook as determined under Rule 42 sub-rule (c).
Division 17.—Costs of appeal book
45. Subject to Section 29 of the Act the costs of the appeal book are costs in the appeal unless the court otherwise orders.
46. The costs of copies of unnecessary documents or of documents copied at unnecessary length shall not be allowed.
Division 18.—Setting down for hearing
47. Unless an appeal is set down for hearing at the appointment to settle the appeal book pursuant to Rule 42(e), the appellant shall set the appeal down for hearing in accordance with Rule 48.
48. Unless otherwise ordered by the Court or a Judge—
(a) an appeal shall be set down for hearing at the first sittings of the Court to be held after the expiration of 28 days from the institution of the appeal; and
(b) an appeal shall be set down at least 21 days before the day appointed for the commencement of the sittings.
49. An appeal referred to the court by the Registrar under Section 12 of the Act and all preliminary applications to the court shall be dealt with at such time as the Chief Justice or in his absence, the next most senior Judge in Chambers shall direct.
50. Where an appeal is set down for hearing, notice of such shall immediately be served on the respondent by the appellant in accordance with form 19.
51. Rule 50 does not apply to appeals which are referred to the court by the Registrar under Section 12 of the Act.
52. The court or a Judge may at any time make such orders as appear just for the expediting of the appeal.
Division 19.—Time, and want of prosecution
53. Where an appellant has not done any act required to be done by or under these rules or otherwise has not prosecuted his appeal with due diligence, the court may—
(a) order that the appeal be dismissed for want of prosecution; or
(b) fix a time peremptorily for the doing of the act and at the same time order that upon non compliance, the appeal shall stand dismissed for want of prosecution, or subsequently, and in the event of non compliance, order that it be so dismissed; or
(c) make any other order that may seem just.
54. The respondent may make application for an order under Rule 53 and the court may, after notice has been given to the appellant by the Registrar, make orders on reference from the Registrar.
55. An application for an order under Rule 53 shall—
(a) be in accordance with form 11; and
(b) be supported by affidavit.
56. An order under Rule 53 sub-rule (b) may be varied at any time before the appeal stands dismissed for want of prosecution, and in special circumstances may be varied or revoked after that time.
Division 20.—Further evidence on appeal
57. This Division applies to any application to the court to receive evidence in a proceeding on an appeal additional to the evidence in the National Court.
58. This Division applies unless the court otherwise directs.
59. Application shall be made at the hearing of the appeal.
(a) by notice stating the nature of the evidence sought to be called; and
(b) supported by an affidavit stating the grounds of the application.
61. Any evidence necessary to establish the grounds of the application, and the evidence which the applicant wants the court to receive shall be by affidavit.
62. The applicant shall file the Rule 60 notice and any affidavit not later than 21 days before the hearing of the appeal.
63. The evidence of any other party to the appeal shall, unless the court or a Judge otherwise orders, be given by affidavit filed not later than 14 days before the hearing of the appeal.
64. A party to the appeal shall, not later than the time limited for him to file an Affidavit under this rule—
(a) lodge as many copies of the affidavit as the Registrar may direct; and
(b) serve a copy of the affidavit on each other party to the appeal.
Division 21.—Interlocutory order not prejudice relief
65. An interlocutory order or rule from which there has been no appeal shall not operate so as to bar or prejudice the court from giving such decision upon an appeal as may be just.
Division 22.—adjournment of appeal
66. If for any reason an appeal is not heard or disposed of at the sittings of the court for which it was set down, it shall, subject to any direction which may be given by the court or by a Judge, stand adjourned to the next sittings of the court.
ORDER 8—RESERVATION OF CASES OR POINTS OF LAW
Division 1.—Judge may give directions
1. Where a Judge of the National Court reserves a case or any point in a case or any question of law for consideration of the court under Section 15 or 21 of the Act, he or in his absence, another Judge may give such directions as he considers proper for the drafting of the case stating the question reserved and for the preparation of documents for the use of the court.
2. Where a Judge of the National Court proposes under Section 21 of the Act to reserve a question of law, whether or not on the application of the accused, the Judge may give such directions as set out in Rule 1.
Division 2.—Form of reservation
3. The case to be stated shall—
(a) be entitled under the Section of the Act by which it is made, the names of parties and the title of the proceedings from which the question arose; and
(b) shall state the question; and
(c) set forth such facts only as are relevant to raise the question of law reserved; and
(d) if any question turns on the form of the pleadings, so much of the pleadings shall be set out as raises the question; and
(e) state whether—
(i) a judgment on the conviction was pronounced or respited, or was postponed;
(ii) the convicted person was committed to prison or admitted to bail on recognizance to render himself in execution or receive judgment; and
(f) be in accordance with form 12; and
(g) be signed by the Judge.
4. The reservation stating the question shall be transmitted by the Judge of the National Court by whom it was signed to the Registrar.
5. The Judge by whom the reservation was stated may amend the statement of the case at any time before argument.
Division 3.—Service
6. Upon receipt of the reservation, the Registrar shall cause to be served a copy of the reservation—
(a) if under Section 15, on the parties to the proceedings or on their lawyers; and
(b) if under Section 21, on the Public Prosecutor, the accused or his lawyer.
ORDER 9—REFERENCE UNDER SECTION 26 SUPREME COURT ACT
Division 1.—Form of reference
1. References under Section 26 of the Act shall be instituted by a reference which shall—
(a) be entitled under the Section of the Act by which it is made and the title as set out in the indictment; and
(b) make no reference to the identity of the acquitted person; and
(c) specify the point of law referred; and
(d) where appropriate, such facts of the case as are necessary for the proper consideration of the point of law; and
(e) state to the acquitted person—
(i) that the reference will not affect the trial and acquittal;
(ii) that he should inform the Registrar (within the specified time which shall not be less than 28 days after the date of service) if it is intended to present argument to the court either in person or by a lawyer; and
(f) be in accordance with form 13; and
(g) be filed in the Registry.
2. Upon filing the reference, the Principal Legal Adviser, for the purposes of Section 26 of the Act, shall be deemed to have reserved the matter.
Division 2.—Service
3. Upon the filing of the reference, the Registrar shall cause to be served with a copy of the reference—
(a) the person acquitted; and
(b) the Public Prosecutor; and
(c) the Public Solicitor.
4. For the purpose of Rule 3 sub-rule (a), service may be effected—
(a) by sending it by post, addressed to the lawyer who acted for the person acquitted at trial; or
(b) in the case of a body corporate by leaving it at or by sending it by post to the registered office of that body; and
(c) in the case of any other person by—
(i) post as provided by law; or
(ii) delivery to the person to whom it is directed; or
(iii) leaving it with some person apparently over the age of 16 years at the last known or usual place of residence.
Division 3.—Court may give directions
5. Where a reference has been filed, the court may give such directions as may be required concerning the terms of the reference, the matters to be included in it and provision of lawyers for the argument of it.
Division 4.—Amendment and withdrawal of reference
6. The Principal Legal Adviser may withdraw or amend the reference by notice—
(a) before hearing without leave; or
(b) after commencement of hearing but before the court delivers its opinion, with leave.
7. Notice of withdrawal or amendment under Rule 7 shall—
(a) be in accordance with form 14; and
(b) be filed in the registry; and
(c) be served where applicable in accordance with Division 2.
ORDER 10—APPEAL FROM ORDERS MADE UNDER ORDERS 16 AND 17 OF THE NATIONAL COURT RULES
Division 1.—Institution of appeal
1. An appeal under this Part shall be instituted by a notice of motion.
2. The notice of motion and all subsequent proceedings shall be entitled "In the Supreme Court of Justice" and shall be entitled between the party as appellant and the party as respondent.
3. The notice of motion shall—
(a) show where appropriate the particulars set out in a notice of appeal under Order 7 Rule 8; and
(b) have annexed—
(i) copies of all documents which were before the Judge of the National Court appealed from; and
(ii) a copy of the order made, certified by the Judge's Associate or the Registrar; and
(c) be in accordance with form 15; and
(d) be signed by the appellant or his lawyer; and
(e) be filed in the registry.
Division 2.—Certain rules to apply
4. The following rules shall apply to matters under this part with regard to—
(a) filing and service: Order 7 Division 4; and
(b) affidavits: Order 7 Rules 61, 62, 63, 64.
PART 4—GENERAL PROVISIONS
ORDER 11—RULES OF GENERAL APPLICATION
Division 1.—Application
1. The rules contained in this part apply to all matters brought under these rules unless in these rules, the contrary intention appears.
Division 2.—Notice of appearance to be filed and served
2. A person served with a document by which proceedings are instituted or by which leave or other order is sought under these rules and who desires to be heard at any stage of the proceedings shall, as soon as is practicable or within the time specified in the document or in any other order of the court—
(a) file an appearance in accordance with form 16; and
(b) serve a copy of the appearance on each of the other parties.
Division 3.—Address for service
3. An address for service shall be disclosed on—
(a) any document by which proceedings are instituted in the court; and
(b) an appearance filed under Rule 2 of this Order.
4. The address for service shall—
(a) Contain the name, address and telephone number of—
(i) the person on whose behalf the document is filed; and
(ii) be a place within 15 kilometres of the Registry, at which documents in the proceedings may, during ordinary business hours, be left for the person whose address for service it is; and
(iii) an address to which documents in the proceedings may be posted for that person; and
(iv) where a person is represented by a lawyer it shall be the office of the lawyer or of his Papua New Guinea agent, but in the case of a lawyer who has requested and been allocated by the Registrar a compartment in the Document Exchange Box located within the Registry then the deposit of a document in such compartment shall amount to ordinary service within the meaning of this sub-rule; and
(b) be in accordance with form 18.
5. The address so disclosed shall remain the address for service until notice of change of address is filed in the registry and served on any other party to the proceedings.
6. Where a lawyer ceases to act for a party, he shall file in the registry a notice of that fact.
Division 4.—Service
7. Where in these rules service is required of any document, it may be effected—
(a) by serving a signed and sealed copy of the document personally on the party to be served; or
(b) by delivering a signed and sealed copy of the document to—
(i) the address for service of a party given in accordance with Division 3; or
(ii) the address for service of a party in the proceedings in the National Court from which the present proceedings arose; or
(c) where a lawyer of a party has an address for service disclosed, service shall be effected at that address whilst such lawyer continues to act for a party.
Division 5.—Pending proceedings
8. Where proceedings under these rules are pending, the court or a Judge may, subject to the Act, make such orders as are considered necessary for—
(a) the custody or release on bail or otherwise if a person in custody; and
(b) the custody, preservation and production of exhibits or other property; and
(c) the suspension or payment of any fine; and
(d) the suspension or variation of any order relating to restitution of property.
Division 6.—Lack of procedural provision
9. Where a person desires to take any step in proceedings under these rules and the manner or form of the procedure is not prescribed, the person may apply to a Judge for directions.
Division 7.—Waiver of rules
10. Where compliance with the provisions of these rules relating to the preparation of documents or appeal books for the court may cause unnecessary hardship expense or delay, the Registrar, may, after consultation with the Chief Justice, or if he is not available, the next most senior Judge in Chambers, waive compliance to such extent as in his opinion is reasonable.
Division 8.—Adding parties and amendment
11. The court or a Judge may order that any person be added as a party to proceedings under these rules or that the proceedings be amended and may impose such conditions as appear just, and give all consequential directions.
Division 9.—Written submissions
12. (a) The court may of its own motion, direct the preparation of written submissions.
(b) The Registrar shall, if ordered by the court or a Judge, serve notice on the parties of a direction under sub-rule (a).
13. Upon receipt of a direction under Rule 12, each party shall prepare a written case which shall—
(a) bear the title of the proceeding; and
(b) identify the party whose case it is; and
(c) consist of paragraphs consecutively numbered; and
(d) state as concisely as possible—
(i) the circumstances out of which the matters arise; and
(ii) the contentions to be urged by the party concerned; and
(iii) the reasons relied upon; and
(e) a list of all legislation and authorities referred to.
14. So far as practicable, in a written case, references to the portions of the transcript relied upon shall be given by page and line, and extracts shall not be set out.
15. Each party required to prepare written submissions shall not more than 10 days after receipt of a direction under Rule 12—
(a) file his written submissions; and
(b) lodge with the Registrar such number of copies of the submissions as he may direct.
16. A written submission shall not be available for inspection until all parties have filed their submissions.
17. When all parties have filed their written submissions, each party shall serve a copy of his submissions on each other party.
Division 10.—Written extract of argument
18. In all substantive matters instituted under these rules, the parties to proceedings shall prepare a written extract of argument to the court.
(a) as nearly as possible in accordance with Rule 13; and
(b) consist of no more than four pages of the size referred to in Order 7 Rule 43, sub-rule (a).
20. On the presentation of oral argument, each Judge constituting the court, shall be given a copy of the extract referred to in Rule 18, by counsel presenting the argument.
21. The court may dispense with any requirements of this rule.
Division 11.—List of authorities and legislation
22. Each party to substantive proceedings under these rules shall supply the Associate to the presiding Judge with a list of authorities and legislation to which the party may refer at the hearing together with copies for other Judges constituting the Court.
23. If practicable, the list shall be supplied 48 hours before the day on which the proceedings are listed for hearing. If this is not practicable, then so soon thereafter as is practicable.
Division 12.—Report by trial judge
(a) notice of appeal or application for leave to appeal has been filed; or
(b) a case or question of law has been reserved under Section 15 or 21 or referred under Section 26 of the Act,
the trial Judge may report in writing to the Court giving his opinion upon the case generally or upon any point arising in the case of the appellant.
25. Where either Rule 24 sub-rule (a) or (b) applies, the court may, whenever it appears necessary for the proper determination of any application or appeal—
(a) request the trial judge to furnish it with a report in writing in the terms set out in sub-rule 1; and
(b) may direct the Registrar to furnish that judge with any document or information which it considers material.
26. The Registrar shall, after delivery of the trial Judge's report to the members of the court, promptly furnish a copy of the report to each party to the appeal or application.
Division 13.—Appeal to court from directions of judge
27. A party dissatisfied with a direction given by a Judge under these rules may upon notice to the other parties concerned in the proceedings apply to the court which may make such order as appears just.
28. Proceedings under Rule 27 shall be instituted as if it was an appeal under Order 10 and the application of the rules under that Order with all necessary modifications shall apply.
Division 14.—Setting down for hearing
29. The Registrar shall, unless otherwise ordered by the Court or a Judge set down for hearing—
(a) matters instituted by leave under the provisions of Part 2 Order 5 or 6, and Part 3 Order 8, 9 or 10, at the first sittings of the court to be held at the expiration of 21 days after the date of the filing of the document instituting the proceedings; and
(b) matters instituted under the provisions of Part 2 Order 4 Rule 11 or Rule 20, Part 3 Order 7 Rule 2, when necessary, and Part 4 Order 11 Rule 27, at the first sittings of the court to be held at the expiration of seven days after the date of filing the necessary document in the registry.
30. Notice of the date of hearing proceedings under these Rules shall be given in accordance with form 18.
____________________
FIRST SCHEDULE
____________________
Form 1.—Reference (Section 18(1) Constitution)
O.4 Rule 1(C) Form 1
GENERAL FORM OF REFERENCE (CONSTITUTION S.18(1))
IN THE SUPREME COURT S.C.R.
No. of 20
OF JUSTICE (Insert number and
year)
Reference Pursuant to
Constitution
Section 18(1)
Reference by (Insert name of
person
making reference)
REFERENCE
1. THIS REFERENCE is made by (insert name of person making the reference) for an opinion on a question relating to interpretation or application of a Constitutional Law.
2. THIS Reference arises (herein state briefly the nature of and circumstances in which the question arises).
3. THE QUESTION IS (to be stated).
4. THE LAW or PROPOSED LAW the validity of which is the subject of this reference is: (where appropriate a copy of the law or proposed law is to be annexed).
5. THE CONSTITUTIONAL LAW provisions, relevant are: (state title of Constitutional Law, Section number and title).
DATED:
Sgd
_______________________
(To
be signed by person
making
the reference or
his
lawyer)
FILED BY: (Form 17)
Application for Directions
Application will be made to a Judge of the Supreme Court Waigani at … a.m. on the day of … 20…
______________
Registrar
____________________
Form 2.—Reference (Section 18(2) Constitution)
O.4 Rule 1(C) Form 2
GENERAL FORM OF REFERENCE (CONSTITUTION S. 18(2))
IN THE SUPREME COURT S.C.R.
No. of 20
OF JUSTICE (Insert number and
year)
Reference pursuant to
Constitution
Section 18(2)
concerning
or (insert
nature
of the reference)
Between (insert
names of
parties
in Court or tribunal
from
which reference made)
REFERENCE
1. THIS REFERENCE is made by (insert name of Judge, Magistrate, or Tribunal making the reference).
2. FOR an Opinion on a question relating to interpretation or application of a Constitutional Law.
3. THIS Reference arises (herein state briefly the nature of the hearing and circumstances in which the question arises OR if necessary, annexe copy of findings of Judge or referor, together with particulars under O.4 Rule 2 if necessary).
4. THE QUESTION IS (to be stated)
DATED:
Sgd
____________
Judge
Magistrate
Tribunal
____________________
Form 3.—Special Reference (Section 19 Constitution)
O.4 Rule 1(C) Form 3
GENERAL FORM OF SPECIAL REFERENCE (Constitution S.19)
IN THE SUPREME COURT S.C.R.
No. ... of 20
OF JUSTICE (Insert number and
year)
Special Reference Pursuant to
Constitution
Section 19
Reference by (Insert name of
Authority)
SPECIAL REFERENCE
1. THIS REFERENCE is made by an authority referred to in Section 19 of the Constitution FOR an Opinion on a question relating to interpretation or application of a Constitutional Law.
2. THIS Reference arises (herein state briefly the nature of and circumstances in which the question arises).
3. THE LAW or PROPOSED LAW the validity of which is the subject of the special reference is annexed hereto (where appropriate a copy of the law or proposed law is to be annexed).
4. THE CONSTITUTIONAL LAW provisions, relevant are (State title of the Constitutional Law and state Section by number and title).
5. THE QUESTION IS (to be stated).
DATED: Sgd
(to be signed by Authority
according
to law).
Designation of the officer
signed
to be stated
FILED BY: (Form 17)
Application for Directions
(see
Form 1)
____________________
Form 4.—General Form of Application
O.4 Rule 11(a), 20(d) Form 4
GENERAL FORM OF APPLICATION
(Heading as Applicable)
Application will be made to a Judge of the Supreme Court, Waigani at . . . am on the . . . day of . . . 20 . . .
1. FOR (state nature of application)
2. GROUNDS (specify each particular ground by paragraph).
3. Affidavits in support of this Application sworn by (list names, dates).
Dated:
Sgd
_____________
(Applicant or his
Lawyer)
FILED BY: (Form 17)
____________________
Form 5.—General Form of Application to Review
O.5 Rule 1(e) Form 5
GENERAL FORM OF APPLICATION TO
REVIEW
UNDER CONSTITUTION S. 155(2)(b)
IN THE SUPREME COURT S.C.
REV. NO. of 20
OF JUSTICE (Insert number
and year)
Review Pursuant to
Constitution
Section 155(2)(b)
Application
by (insert name
of
person seeking Review)
APPLICATION TO REVIEW
1. THIS REVIEW OF THE NATIONAL COURT is sought by (insert name of person seeking the review).
2. THE JUDICIAL ACT TO BE REVIEWED is—
National Court No:
Parties:
Date of Order:
Order:
(Where appropriate, a copy of the National Court Order is to be stated and annexed).
3. GROUNDS (specify each particular ground by paragraph).
4. ORDER (state relief sought).
DATED:
Sgd ___________________
(To be signed by
person
seeking the review)
FILED BY: (Form 17)
NOTICE: (Form 18)
____________________
Form 6.—Application to Enforce Constitutional Rights
O.6 Rule 2(d) Form 6
GENERAL FORM OF CONSTITUTIONAL
ENFORCEMENT
APPLICATION (CONSTITUTION SECTION 57)
IN THE SUPREME COURT S.C.A.
No. of 20
OF JUSTICE (Insert number
and year)
Enforcement Pursuant to
Constitution
Section 57
Application By (insert name
of
person or Court)
APPLICATION TO ENFORCE CONSTITUTIONAL RIGHTS
1. THIS ENFORCEMENT of Rights and Freedoms is sought by (name of person)
2. On Behalf of (person/s to be named)
3. THIS APPLICATION arises (briefly state the nature and circumstances in which the matter arises).
4. The CONSTITUTIONAL LAW Provisions, relevant are (state the title of the Constitutional Law and state Section by number and title).
DATED:
Sgd
_______________
(To be signed by person
making the application
or his Lawyer)
Filed By: (Form 17)
NOTICE: (Form 18)
____________________
Form 7.—Application for Leave to Appeal
O.7 Rule 2(e) Form 7
APPLICATION FOR LEAVE TO APPEAL
IN THE SUPREME COURT SC
APPEAL No of 20
OF JUSTICE
A.B.
Applicant/
C.D.
Respondent
APPLICATION will be made to the Supreme Court, Waigani at . . . am on the . . . day of . . .
1. LEAVE TO APPEAL
2. GROUNDS
(state grounds on which application is based)
Dated:
Sgd
__________
(Applicant or his
lawyer)
FILED BY: (Form 17)
____________________
Form 8.—Notice of Appeal
O.7 Rule 8(e) Form 8
GENERAL FORM NOTICE OF APPEAL
IN THE SUPREME COURT S.C.
APPEAL No.…of 20…
OF
JUSTICE
A.B
Appellant
C.D.
Respondent
NOTICE OF APPEAL
1. THE Appellant appeals from the whole (or if a part specify part) of the judgment of (specify National Court or National Court Judge) given on (specify date) at (place).
2. (Where applicable) THE appeal lies without leave OR (where applicable) THE appeal is brought pursuant to leave granted on (specify order) OR Leave to appeal is sought at the hearing as the matters to be raised in that application are in whole and/or in part (whichever is applicable) the substantive matters constituting the grounds of appeal as set out in the grounds numbered (here state).
3. GROUNDS (specify each particular ground by paragraph).
4. ORDER SOUGHT (state what judgment or order appellant seeks in lieu of the judgment appealed from).
Dated:
_______________
Sgd: Appellant or his
Lawyer
FILED BY: (Form 17)
APPOINTMENT
The Appeal Book will be settled before the Registrar at the Supreme Court at (time) on the (date).
________
Registrar
____________________
Form 9.—Notice of Objection to Competency
(HEADING AS IN FORM 8)
NOTICE OF OBJECTION TO COMPETENCY
OBJECTION to the competency of this appeal will be made at the Supreme Court, Waigani at . . . am on the . . . day of . . . 20
OBJECTION is made on the following grounds (set out concisely the whole of the grounds of the objection).
DATED:
Sgd
_____________
(To be signed by
Respondent or his
Lawyer)
FILED BY: (Form 17)
____________________
Form 10.—Notice of Cross Appeal
O.7 Rule 27(f) Form 10
GENERAL FORM NOTICE OF CROSS APPEAL
IN THE SUPREME COURT S.C.
APPEAL No. of 20
OF JUSTICE
A.B.
Cross
Appellant
C.D.
Cross
Respondent
NOTICE OF CROSS APPEAL
1. The Respondent cross appeals from (specify part) of the judgment of (specify National Court or National Court Judge) given on (specify date) at (place).
2. (Where applicable) The cross appeal lies without leave.
3. (Where applicable) The cross appeal is brought pursuant to leave granted on (specify order) OR Leave to cross appeal is sought at the hearing as the matters to be raised in that application are in whole and/or in part (whichever is applicable) the substantive matters constituting the grounds of cross appeal as set out in the grounds numbered (here state).
4. GROUNDS (specify each particular ground by paragraph).
5. ORDER SOUGHT (state what judgment or order cross respondent seeks in lieu of the judgment appeal from).
Dated:
Sgd
__________
(Respondent or
his Lawyer)
FILED BY: (Form 17)
____________________
Form 11.—Application under Order 7 Rule 53
O.7 Rule 55(a) Form 11
GENERAL FORM APPLICATION FOR ORDER
UNDER
ORDER 7 RULE 53
(HEADINGS AS IN FORM 8)
APPLICATION
APPLICATION will be made to the Supreme Court, Waigani at … a.m. at the… day of . . . 20
1. FOR AN ORDER:—
(herein state order sought)
(a)
(b) or such other order as the Court may make.
2. Affidavit in support of this Application is sworn by (name) on the (date).
Dated:
Sgd _______________
(Respondent or
his Lawyer)
A.B. (Appellant) TAKE NOTICE:
If you or your lawyer do not appear to show cause why such orders should not be made, the Court may make orders in your absence.
____________________
Form 12.—Reservation
O.8 Rule 3(f) Form 12
GENERAL FORM OF RESERVATION
IN THE SUPREME COURT S.C.
Reservation No. . . . of 20
OF JUSTICE Reservation
(pursuant to
Section
15 or 21 of the Supreme
Court
Act where applicable)
To be entitled as in proceedings
from
which question arose
RESERVATION
1. THIS RESERVATION is made for an opinion on (the case or point of law).
2. THIS Reservation arises (state briefly such facts or pleadings as necessary and circumstances in which question arises).
3. State matters required by Order 8 Rule 3(e).
4. THE QUESTION IS (to be stated).
Dated:
Sgd:
__________
Judge
NOTICE: (Form 18)
____________________
Form 13.—Reference
O.9 Rule 1(f) Form 13
GENERAL FORM OF REFERENCE
(SUPREME COURT ACT SECTION 26)
IN THE SUPREME COURT S.C.
Act. R. No. of 20
OF JUSTICE (Insert year
and number)
Reference pursuant to
Section
26 of the
Supreme
Court Act
REFERENCE
1. THIS REFERENCE is made for an opinion on a point of law.
2. THIS REFERENCE arises (state briefly such facts as necessary and circumstances in which question arises the trial and name of person acquitted).
2. THE QUESTION IS (to be stated).
Dated:
Sgd
____________________
Principal Legal Adviser
FILED BY: (Form 17)
NOTICE:
This reference on a point of law does not affect the outcome of your trial and acquittal.
If you desire to present argument either in person or by your lawyer in the Supreme Court, you are to inform the Registrar within . . . days after service of this Reference upon you.
Address of the Registrar is Supreme Court, Waigani, NCD.
The Postal address is: P.O. Box 7018, BOROKO.
Telephone No: 257099.
NOTICE: (Form 18)
____________________
Form 14.—Notice of Amendment or Withdrawal of Reference
O.4 Rule 11 Form
14
O.9 Rule 8
GENERAL FORM NOTICE OF AMENDMENT
OR WITHDRAWAL OF REFERENCE
(Heading as appropriate)
NOTICE
1. This Reference is hereby (state) OR Pursuant to leave granted by (state date of order).
2. (Where applicable) The Amendment is as follows:—
(Set out particulars)
Dated:
Sgd ____________________
(To be signed by
Lawyer
or person giving Notice)
FILED BY: (Form 17)
____________________
Form 15.—Notice of Motion
O.10 Rule 3(c) Form 15
GENERAL FORM NOTICE OF MOTION
IN THE SUPREME COURT S.C.M.
No. of 20
OF JUSTICE
A.B.
Appellant
C.D.
Respondent
NOTICE OF MOTION
1. THE Appellant appeals from the whole (or if from part specify part) of the Order of (specify National Court or National Court Judge) given on (specify day) at (place).
2. GROUNDS (specify each particular ground by paragraph).
3. ORDER SOUGHT (state what Order appellant seeks in lieu of order appealed from).
4. ANNEXES are:—
(a) Copies of all documents before National Court in sequence.
(b) Certified copy of Order.
5. AFFIDAVIT in support of this Motion is sworn by (name) on the (date).
Dated:
Sgd _____________________
(To be signed by
appellant
or his lawyer)
FILED BY: (Form 17)
NOTICE: (Form 18)
____________________
Form 16.—Appearance
1.11 Rule 2(a) Form 16
GENERAL FORM OF APPEARANCE
(Headings as applicable to proceedings)
APPEARANCE
TAKE NOTICE, I…enter an appearance on this appeal.
DATED:
Sgd
______________________
(Respondent or his Lawyer)
FILED BY: (Form 17)
____________________
Form 17.—Address for Service
O.11 Rule 4(b) Form 17
GENERAL FORM OF ADDRESS FOR SERVICE
FILED: Name (Personal) Name (Lawyer)
Address (O.11 R.4(a)(ii)) Address (O.11 R.4(a)(iv))
Address (Postal) Address (Postal)
Telephone Telephone
____________________
O.11 Rule 29 Form 18
GENERAL FORM OF NOTICE OF HEARING
NOTICE
This (state proceedings) will be heard at the sittings of the Supreme Court, Waigani, commencing on the day of…Further details can be obtained from the registry.
Sgd
__________
Registrar
____________________
SECOND SCHEDULE
____________________
Form 1.—Notice of Appeal or Application for Leave to Appeal against National Court decision
O.1 Rule 8(c) Form 1
S.C. Appeal No. of 20
SUPREME COURT OF JUSTICE
NOTICE OF APPEAL AND OF APPLICATION FOR LEAVE TO APPEAL AGAINST A DECISION OF THE NATIONAL COURT
1. NAME OF APPELLANT:..................................................................
(Apil tauna ladana) (Nem bilong man i laik apil).
2. OFFENCE:..........................................................................................
(Oi emu kerere) (Trabel bilong yu).
3. DATE
CONVICTED:..........................................................................
(Kerere dinana) (Dei bilong kalabusim yu).
4. PLACE OF NATIONAL COURT
SITTINGS:....................................
(e.g. Waigani, Chimbu, etc.)
(National kota ia heabi gabuna) (Ples bilong nasinol i sidaun).
5. SENTENCE:.........................................................................................
(Lagani o hua hida dibura oi noho) (Hamas kalabus yu kisim).
6. DATE
SENTENCES:...........................................................................
(Edena dina kota ia siaia oi lao dibura rumai) (Taim yu kisim kalabus).
7. SET OUT THE REASON WHY YOU WANT TO APPEAL:
(Dahaka dainai oi ura apil, anina oi gwauraia) (Raitim wanem yu laik
apil)
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
I hereby give notice of appeal and notice of application for leave to appeal against the above decision on the grounds stated above.
Further grounds as may be considered necessary may be added to this Notice following legal advice being given to me.
DATED the . . . day of . . . 20..
TO: The Registrar ...............................................
Supreme Court Appellant (ladamu
oi torea)
PO Box 7018 (Raitim nem
bilong yu).
BOROKO
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