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How Long Do I Have to Appeal to the Supreme Court?

Forty days from the date of the judgment, in both civil and criminal matters. The period can be extended — but only on an application made inside those same 40 days. Once it has run, there is no power to extend it.

The Supreme Court practice series, no. 27 · Time limits and extensions · 5 min read

Everything in Supreme Court practice turns on this period. It is short, it is strict, and the power to extend it dies with it.

Section 17

Time for appealing under Division 2

Where a person desires to appeal to or to obtain leave to appeal from the Supreme Court, he shall give notice of appeal, or notice of his application for leave to appeal, in the manner prescribed by the Rules of Court within 40 days after the date of the judgment in question, or within such further period as is allowed by a Judge on application made to him within that period of 40 days.

Supreme Court Act (Chapter 37)

Section 29

Time for appealing under Division 3

(1) Where a person convicted desires to appeal or to obtain leave to appeal, he shall give notice within 40 days after the date of conviction.

(2) The time may be extended at any time by the Supreme Court on application made within 40 days after the date of conviction.

(3) Where the conviction involves a sentence of death or corporal punishment — the sentence shall not be carried out until the 40 days (or any further time allowed) has expired; and if notice is given, not until the appeal is determined, or the application for leave is finally refused.

Two differences from the civil provision

Time runs from the date of conviction, not the date of sentence. Where sentence follows conviction by some weeks, that matters.

The extension is granted by the Supreme Court under section 29(2) — though section 10(1)(b) allows the power to extend to be exercised by a Judge in the same manner as by the Court.

The words that catch people

“On application made… within that period of 40 days”

Both sections allow an extension. Both require the application for it to be made inside the original 40 days.

So the extension is not a remedy for having missed the deadline. It is a mechanism for asking, before the deadline, for more time than the Act allows.

Once day 41 arrives without either a notice or an extension application, there is no power to extend, and the right of appeal is gone.

What the Court has held

Avia Aihi v The State (No 1) [1981] PGSC 9; [1981] PNGLR 81

The statutory time limit validly regulates the right to review of conviction and sentence “according to law” guaranteed by Constitution section 37(15). The right to appeal or to apply for leave to appeal is lost on failure to comply.

Section 155(4) of the Constitution, which confers an inherent jurisdiction to make such orders as are necessary to do justice, does not empower the Court to waive non-compliance. (Greville Smith and Kapi JJ dissenting.)

Section 155(2)(b), however, invests the Supreme Court with an unfettered discretionary jurisdiction to hear an appeal or an application for leave although the applicant has lost the right — to be exercised only in exceptional circumstances where some substantial injustice is manifest, or the case is of special gravity, the onus being upon the applicant.

So there is a route, but not the one people expect

A litigant out of time does not seek an extension. That door has closed. They apply for leave to review under section 155(2)(b), on a demanding test.

See missing the deadline.

The other deadlines in an appeal

Time limits in a Supreme Court appeal
StepTimeSource
Notice of appeal, or application for leave40 days from judgment (or conviction)ss 17, 29
Application to extend that timeWithin the same 40 days, in Form 4ss 17, 29(2); O 7 r 1
Notice of appeal after leave granted21 days from the grantO 7 r 6
Cross-appealWithin the section 17 period or extended periodO 7 r 27
Adding a new ground of appealNot after 40 days from the judgmentO 7 r 26
Objection to competency14 days after serviceO 7 r 15
Retention of exhibits by the National Court40 days, plus a further 40 if leave is grantedO 7 r 30
Notice and affidavit for further evidenceNot later than 21 days before the hearingO 7 r 57
Respondent’s answering affidavit on further evidenceNot later than 14 days before the hearingO 7 r 58
Reference on a point of law after acquittal40 days after the acquittals 26(1)(a)

How to protect the appeal

Five points
  1. Diarise the date of judgment, not the date you received the reasons, and count 40 days from it.
  2. Do not wait for the transcript. Order 7 Rule 1(b)(i) expressly contemplates that neither a judgment nor a transcript may be available, and accepts a summary of the decision instead.
  3. File within the period on the material you have. A notice can be amended by supplementary notice before the appointment to settle — but not to add a new ground after the 40 days.
  4. If in doubt about leave, file both documents — a Form 7 and a Form 8 — inside the period.
  5. If you need more time, apply before day 40, in Form 4, with a supporting affidavit deposing as to why the additional time is required.

Sources

Check the section yourself

Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.

Disclaimer: This article provides general information about Papua New Guinea law and does not constitute legal advice. Laws may change, and their application depends on individual circumstances. You should obtain professional legal advice for your specific situation. Read the full disclaimer.