Rex Kiponge fails in court yet again

News that matter in Papua New Guinea

Rex Kiponge fails in court yet again

PORT MORESBY: Suspended National Airports Corporation (NAC) managing-director Rex Kiponge has, yet again, failed in his numerous court applications to have his position reinstated.

The Supreme Court yesterday (Dec 21, 2022) refused to hear Kiponge’s application for leave to review a National Court decision without giving Civil Aviation Minister Walther Schnaubelt and the State an opportunity to be heard.

Justice Colin Makail in Waigaini said there was no urgency  for Kiponge’s application to be heard ex parte because NAC was not without a head.

The court proceeding was reported by The National:

Kiponge’s application to review suspension refused

December 22, 2022The NationalNational

By BEVERLY PETER
THE Supreme Court has refused to hear suspended National Airports Corporations (NAC) managing director Rex Kiponge’s application for leave to review a National Court decision without giving Civil Aviation Minister Walter Schnaubelt and State an opportunity to be heard.
Justice Colin Makail at Waigani yesterday said there was no urgency for Kiponge’s application to be heard ex parte because NAC was not without a head.
“There is someone acting in that position while Kiponge is on suspension and that is not being contested, only the process of suspension and appointment are being challenged,” Makail said. “Also there is no issues raised on how that person is heading the NAC at the moment.”
He then deferred Kiponge’s application to stop the National Court’s decision on Dec 16 to next week.
Makail said this was to give Schnaubelt, the State and the National Executive Council (NEC) opportunity to be heard.
Makail made the orders as Kiponge’s lawyer Dan Kakaraya asked the court to proceed with the hearing of their application ex parte while State lawyer Kevin Kiponge asked for an adjournment because the application was served to them on Tuesday and they needed time to prepare.
Kakaraya said the matter was urgent because there was an investigation underway in relation to the NAC operations and it was likely that the evidence would be compromised in Kiponge’s absence.
He said the pending investigation was not in relation to his client’s suspension.
“Kiponge was suspended unlawfully by Schnaubelt pursuant to the Civil Aviation Amendment Act 2022. He did not absent or vacate in order for him to be suspended,” Kakaraya said.
Kakaraya added that Schnaubelt had breached three requirements in the Act by suspending Kiponge.
The matter will return on Dec 28.

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