The Supreme Court is the final court, so what remains after judgment is short and mostly administrative. It is worth working through it methodically, because two of the steps have deadlines.
Seven things to do
1. Read the orders against the reasons. If they do not match, that is a slip — and the window is 21 days.
2. Take out the sealed order. It is the document used for enforcement and for any remitted hearing.
3. Deal with costs. If costs were ordered, the bill must be filed within 12 months of the final order for costs under Order 12 Rule 17.
4. Recover security. Where security for costs was ordered under Order 7 Rule 24 and section 5(1)(c) of the Act, or the K5,000 deposit in an election petition review under Order 5 Rule 13, apply for its release or application.
5. Deal with any stay. A stay granted pending the appeal falls away on its determination.
6. Retrieve exhibits. Order 7 Rule 32: the Registrar shall retain the documents obtained under Rules 30 and 31 until the disposal of the appeal and, subject to any direction, return them to the persons from whom they were obtained.
7. If the matter was remitted, prepare for the National Court.
Order 11 Rule 32
(1) An application of any nature made after disposal of a proceeding shall be filed and served in writing within 21 days of the order disposing of the proceeding.
(2) A slip rule application shall set out the nature of the slip and the finding that the applicant contends the Court should have made.
(3) It shall not be listed for hearing unless a Judge of the Court making the order from which the application arises, or that Court, has granted leave.
“Of any nature” takes in costs applications, questions about the form of the order, and requests for consequential directions — not only slips. See correcting a judgment.
The sequence
File the bill within 12 months (Rule 17), in the Fourth Schedule form (Rule 33), and serve it at least 21 days before the appointment to tax (Rule 34).
Tax it before a taxing officer. Rule 8 means no order directing taxation is needed where the order directs payment of costs, the proceeding was dismissed with costs, or an application was refused with costs.
Serve the certificate, issued within 7 days of completion (Rule 36). After 14 days unpaid, apply by motion supported by affidavit for the entry of judgment for costs in the amount stated in the Certificate (Rule 36(3)).
Interest of up to 8% per annum runs from 14 days after the date of service of the Certificate under Rule 39, and service must be established by an affidavit of service.
Back to the National Court
Where the Court remitted the case in whole or in part for further hearing under section 16(d), or ordered a new trial under section 16(e), the litigation is not over. It resumes below.
Two things are worth settling before leaving the Supreme Court: the scope of the remitter — which findings stand and which are reopened — and any orders needed to hold the position in the meantime.
In a criminal matter, section 28(2) allows the Court, where a new trial is ordered, to make such order as it thinks proper for the safe custody of the appellant or for admitting him to bail. — Supreme Court Act (Chapter 37).
Giving effect to the result
Appeal dismissed. The National Court judgment stands and is enforced there. Any stay falls away, and section 19 of the Act — an appeal does not operate as a stay — has nothing left to displace.
Judgment given in lieu under section 16(c). The Supreme Court’s order is the operative judgment. Section 8(1)(f) allows the Court to issue any warrants necessary for enforcing the orders or sentences of the Court.
Judgment modified under section 16(b). The judgment below stands as varied, and the sealed Supreme Court order records the variation.
In each case, take out the sealed order promptly. It is what a sheriff, a registrar or a bank will ask for.
Where it ends
The Supreme Court is the final court of appeal under section 155 of the Constitution, and the inherent power of review in section 155(2)(b) is a power to review judicial acts of the National Court — not the Supreme Court’s own decisions.
An order made by a single Judge is different: Order 11 Rule 25 allows a party dissatisfied with a direction or order given under the Rules or section 5 of the Act to apply to the Court within 21 days, by notice of motion filed in the substantive proceedings seeking the same orders as were sought before the single Judge.
One last thing
A Supreme Court judgment is authority. Note the citation in the form Order 14 requires for submissions — to the authorised report of the case or, if not reported, to its SC or N number — and note which propositions commanded a majority, since by section 7(1) a judgment of the Supreme Court shall be in accordance with the opinion of the majority of the Judges present.
Where the Court divided so that there was no majority, section 7(2) means the judgment appealed against stands, and the reasoning binds nobody. See divided opinions.
Sources
- Supreme Court Rules 2012 — O 5 r 13; O 7 rr 24, 30–32; O 11 rr 25, 32; O 12 rr 8, 17, 33, 34, 36, 39; O 14
- Supreme Court Act (Chapter 37) — ss 5, 7, 16, 19, 28
- Constitution of the Independent State of Papua New Guinea — s 155
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.