Rex Kiponge fails, yet again, in legal battle

News that matter in Papua New Guinea

Rex Kiponge 

Rex Kiponge fails, yet again, in legal battle

PORT MORESBY: The Supreme Court has refused suspended National Airports Corporation (NAC) managing-director Rex Kiponge’s application to set aside a National Court’s decision not to grant him permission to review the decision of his suspension.

Jutice Colin Makail ruled that the balance of convenience did not favour Kiponge’s stay application.

This is yet another of many previous failed attempts by Kiponge’s to get his suspension lifted or the charges dropped.

The National reported the court proceedings:

Airports boss Kiponge fails again to get suspension lifted

January 6, 2023The NationalMain Stories

By BEVERLY PETER
THE Supreme Court has refused suspended National Airports Corporation (NAC) managing director Rex Kiponge’s application to set aside a National Court’s decision not to grant him permission to review the decision of his suspension.
Justice Colin Makail ruled that the balance of convenience did not favour Kiponge’s stay application.
Makail said there could be a serious arguable case in the suspension and appointment process but staying the decision of his suspension was not necessary at this point of time as there was a person currently acting in the position managing NAC’s affairs.
Kiponge through his lawyer Dan Kakaraya filed a judicial review in the National Court seeking the court’s permission to review Civil Aviation Minister Walter Schnaubelt’s decision to suspend him and appointing Joseph Tupiri as the acting NAC managing director.
The application was heard by Deputy Chief Justice Ambeng Kandakasi on Dec 16.
Kandakasi then refused to grant Kiponge leave to review on the basis that NAC was a private company and not public authority open for judicial review.
Kiponge, through Kakaraya, then filed an appeal in the Supreme Court to set aside Kandakasi’s decision and made an attempt to move it ex-parte on Dec 21 before Justice Makail.
Kevin Kiponge, from the office of solicitor general representing the State at that time, asked for an adjournment as they had just received the documents and needed time to prepare.
Kakaraya argued that the court could hear the application ex-parte because of its urgency.
Justice Makail then refused to hear the application ex-parte saying that there was no urgency and that the parties involved (Schnaubelt, National Executive Council and the State) must be given opportunity to be heard.
He then adjourned the matter to Dec 28 for inter-parte hearing.
When the matter returned last Tuesday (Dec 28,2022), Kakaraya said the National Court had erred in law for not granting Kiponge permission to review his suspension decision.
He said the judge had relied on wrong principles and erred in law for saying Kiponge did not have standing to make the application.
He further asked the Supreme Court to grant them permission to review Schnaubelt’s decision to suspend Kiponge and to send the case back to the National Court.
The State, through Kiponge, said the stay application was incompetent and not properly presented before the court.
He said the application did not invoke Section 19 of the Supreme Court rule to stay the National Court’s decision.
Schnaubelt, through his lawyer Robin Kawat, argued that there was no urgency in Kiponge’s stay application as there was no vacancy in his position at the moment.
Kiponge was suspended on Dec 7 by Schnaubelt pursuant to the Amended Civil Aviation Act 2022 which was passed by the Parliament on Dec 2.

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