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Cases Explained
Statutes tell you what the words are. Cases tell you what the words have been held to mean. This series takes decisions of the National and Supreme Courts and explains them in ordinary language.
Papua New Guinea is a common law jurisdiction with a constitutional overlay and a statutory duty to develop an underlying law from custom. The result is a body of case law that is genuinely its own — and often more interesting than the imported doctrine it grew out of.
Each case note in this series follows the same shape: what happened, what was argued, what the court decided, why it matters, and what it does not decide. That last heading is the one most commentary leaves out.
Cases discussed across the site
The decisions below are discussed in the articles listed beside them, and each is linked to the judgment itself so you can read it rather than take a summary on trust.
For case law arranged by point of law — the leading authority on each question, the decisions that followed it, and where the courts have divided — see the Legal Index.
The Legal Index sets out, subject by subject, the leading Papua New Guinea authority on each point, two or three decisions that affirmed or followed it, and — where they exist — decisions taking a different view. Every case is linked to its judgment.
It covers, among other subjects, judicial review, indefeasibility of title, election petitions, sentencing, default judgment and dismissal, contempt, costs and customary land, natural justice, the Leadership Code and the underlying law.
A case note is a summary written by a person, not a substitute for the judgment. Courts decide on the specific facts before them, later decisions can distinguish or overrule earlier ones, and a case can be under appeal when a note is written.
Never argue a case on the strength of a summary — including one published here. Read the judgment, check whether it has been followed or overturned, and take independent legal advice before relying on it.
PNG judgments are published in the Papua New Guinea Law Reports and in the National and Supreme Court judgment databases, and many are freely available through the Pacific legal information services. See how to check the law yourself for where to look and what a citation such as PGSC or PGNC tells you.