Gorethy Kenneth | Post Courier | October 04, 2016
THE Papua New Guinea Sustainable Development Program case against the State started yesterday in the High Court of Singapore and will run for two weeks.
The Attorney-General’s office confirmed last Friday that the case was scheduled for this week but did not provide dates. But Koh Swee Yen, one of the lawyers for the plaintiff, which is the State in an email last week, said the case was scheduled to October 3 and was anticipated to run for the next two weeks.
The case, HC/Originating Summons (OS) No 234 of 2015, which was last heard in July and August will be heard in the Singapore High Court this morning with its Coram Judith Prakash J and counsels Koh Swee Yen, Yin Juon Qiang and Joel Quek (Wong Partnership LLP) for the plaintiff and Nish Shetty, Joan Lim-Casanova, Jordan Tan, Lim Chingwen and Sarah Hew (Cavenagh Law) for the defendant.
In this originating summons, the State, sought a declaration that it was entitled to inspect and take copies of all true accounts, books of account and/or records of PNG Sustainable Development Program Limited. This OS was an offshoot of the action in suit 795 of 2014, having been started after a summons in S795, which had applied for the same relief, was dismissed on the ground that the relief applied for, being final, had to be sought by way of an originating process rather than by an interlocutory application.
PNGSDP mounted a root-and-branch attack on the State’s alleged right of inspection. Its argument was that the State was not entitled to the relief it sought which was threefold. First, it was inappropriate to commence this action by way of an originating summons. Secondly (and this is the most hotly contested ground), the State did not have and may not enforce any alleged right of inspection. In particular, it refutes the State’s three arguments, which are based on the Memorandum and Articles of PNGSDP, an alleged collateral contract incorporating the same, and stopped. Thirdly, even if the State had an enforceable right of inspection, it does not extend to the documents listed in the schedule to OS 234.