Court throws out K3bn case

THE controversial K3 billion Union Bank of Switzerland (UBS) loan court challenge taken out by sacked treasurer Don Polye has been dismissed by the National Court.

The entire proceedings were dismissed for abuse of process.

In a 17-page decision, Deputy Chief Justice Gibbs Salika dismissed the proceedings on the submission by Prime Minister Peter O’Neill’s lawyer Tiffany Nonggorr, who argued that the proceedings should have been commenced by way of a judicial review.

Justice Salika said the issue raised by the defendants to dismiss the proceedings is whether the plaintiff’s court case is an abuse of process.

"The amended originating summons seeks orders in the nature of a declaration that the decision of the NEC made on 6 March 2014 for the procurement of a loan of AUD$1.239 billion and subsequently signing the approval of the said loan facility by the Prime Minister contravened s.209(1) and (2) of the Constitution, hence is null and void."

"Here the plaintiff appears to be aggrieved by the actions of the NEC and the Prime Minister and it seems to me that he is seeking a judicial review of the decision of the NEC and the Prime Minister. I remind myself here that he was a member of the NEC decision and that he is seeking to review his own decision."

The Deputy Chief Justice held that he is of the opinion the plaintiff is seeking judicial review but instead sought orders by way of declarations. Accordingly he upheld the submissions by the defendants and dismissed the entire proceedings with costs awarded to the defendants.

Mr Polye had gone to court seeking a number of orders and declarations. Among them the declaration that the decision of the National Executive Council under the chairmanship of Prime Minister Peter O’Neill for the procurement of the $A1.239 billion loan from the UBS made on March 6, 2014 be declared null and void, his removal as the minister for treasury by the Prime Minister on March 10, 2014 be overturned and the signing of the loan instrument executing the loan by the PM - in his capacity as Minister for Treasury - be declared null and void.

PNG Today/ Post Courier