|
“ 35 The above principles in my respectful opinion affirm that the Court can in the exercise of its inherent power consider and determine abuse of process, an issue which both counsel have fully addressed in their respective submissions In my view, such an approach by the Court is in harmony with the view held in Application by Anderson Agiru (supra), where the Supreme Court stated among other things, that the Court can in the exercise of its inherent power summarily dismiss a proceeding which is an abuse of process In my respectful opinion, Lord Diplock stated this same principle in Hunters v Chief Constable of West Midlands Police (supra), which Hartshorn J referred to in NAE Ltd (supra) See also; Breckwoldt & Co (NG) Pty v Gnoyke
|
[1974] PNGLR 106
|
|
Papua New Guinea
|
circa 1974
|
PacLII
|
|
 50 
|
|
[1998] PNGLR 8
|
[1998] PNGLR 8
|
|
Papua New Guinea
|
circa 1998
|
PacLII
|
|
160
|
|
and The State v Peter Painke
|
[1976] PNGLR 210
|
|
Papua New Guinea
|
circa 1976
|
PacLII
|
|
83
|
|
Michael Newell Wilson v Clement Kuburam
|
[2016] SC 1489
|
|
United Kingdom - Scotland
|
circa 2016
|
|
|
6
|
|
PNG Forest Products and Inchcape Berhad v The State & Jack Genia, Minister for Forests
|
[1972] PNGLR 85
|
|
Papua New Guinea
|
circa 1972
|
PacLII
|
|
6
|
|
PNG Forest Products v State
|
[1992] PNGLR 85
|
|
Papua New Guinea
|
circa 1992
|
PacLII
|
|
170
|
|
Takori v Yagari
|
[2008] SC 905
|
|
United Kingdom - Scotland
|
circa 2008
|
|
|
61
|
|
Types of abuses of process may vary from case to case but to establish an abuse of process there must be evidence showing that the processes of the court have been improperly used; or have been used for an improper purpose; or have been used in an improper way; or that such abuse of process have resulted in the right of the other party being denied, defeated or prejudiced: National Executive Council v Public Employees Association
|
[1993] PNGLR 264
|
|
Papua New Guinea
|
circa 1993
|
PacLII
|
|
75
|
