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November 20, 2019
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Court Dismisses Kris Kaenk’s Application Seeking A Judicial Review

The National Court has dismissed the application of Kris Kaenk who is seeking a judicial review to revisit the decision of the Director of the Legal Training Institute, which terminated his project contract.

Justice Leka Nama Nablu, ruled that the plaintiff did not exhaust all the administration remedies through the Public Service Commission, before coming to court.

The applicant, Kris Kaenk and his lawyer were present this morning at the Waigani National Court, to receive the judgment handed down by Justice Leka Nama Nablu.

The court heard that on September 28, 2016, the applicant, Kris Kaenk, who is the project manager, sought an application of leave for a judicial review to quash the decision of defendant Pauline Mogish, Director of the Legal Training Institute, which terminated the plaintiff’s project contract.

On December 22, 2016, the Plaintiff filed an application under Order 3 Rule (b) of the National Court Rules and appeared in person, however, there were no representation by the state lawyers and the leave application was granted as an Ex Parte.

Justice Leka Nama Nablu, after considering the plaintiff’s reasons of a judicial review, told him that the application sought on September 12, was 12 months before the time frame as per section 16 of the Public Service Commission Act.

Nablu advises that the applicant should have exhausted all the administration remedies through the Public Service Commission before coming to court.

In light of this, the court dismissed the proceedings as well as rejecting the application.

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