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Amoa v Kua [2026] PGNC 17; N11694 (4 February 2026)

N11694

PAPUA NEW GUINEA
[NATIONAL COURT OF JUSTICE]

OS (JR) NO. 34 OF 2024

BETWEEN:
KAVAKORE AMOA as the Clan Elder of Horomiro Lavaipi Clan, PETER MAPORE as the Clan Elder of Horomiro Clan and OSCAR MAPORE as the Clan Elder of Keromiro Clan; as authorised by their respective clans as attached in Schedules 1, 2 and 3 of the Originating Summons
Plaintiff

AND:
HON KERENGA KUA, Minister for Petroleum Energy
First Defendant

AND:
INDEPENDENT STATE OF PAPUA NEW GUINEA
Second Defendant

WAIGANI: PURDON-SULLY J
4 FEBRUARY 2026

JUDICIAL REVIEW PRACTICE AND PROCEDURE – application by plaintiffs to vacate trial date – evidence of material change in circumstance that may avoid substantive hearing – interests of justice require date to be vacated - Oil & Gas Act 1998

Counsel
Mr T Cooper for the plaintiffs
Mr T Boboro for first and second defendants

DECISION

1. PURDON-SULLY J: Before the court is a Notice of Motion filed on behalf of the Plaintiffs for judicial review of a decision of the First Defendant dated 5 December 2023 and gazetted on 6 December 2023 wherein the Minister determined that only eleven (11) clans were entitled to receive royalty and equity benefits under ss 167 and 168 of the Oil & Gas Act 1998 which excluded a number of clans, including the plaintiffs who are clan leaders of 3 clans of the Kaura Tribe of the Baimuru Local Level Government of the Gulf Province.
2. The plaintiffs make application, supported by an affidavit of Mr Cooper filed 3 January 2026, to vacate proceedings as a result of a recent development which they assert is relevant to the hearing.
3. That development is an announcement in the print media on 30 January 2026 that the current Minister for Petroleum, the Hon Jimmy Maladina MP has informed the public that those tribes and clans excluded as beneficiaries from the ministerial determination of 6 December 2023 are to be included as beneficiaries following due diligence to be carried out by the National Petroleum Authority (NPA).
4. In consequence, the lawyers for the plaintiffs wrote to the Acting Managing Director & Secretary of the NPA on 2 February 2026 enclosing various attachments seeking consideration on behalf of their clients to be included in the ministerial determination. That letter is in evidence. It was copied to and served on the Office of Solicitor General. Contact was then made by Mr Cooper for the plaintiffs with Counsel for the defendants, Mr Uware, informing him of the contents of the letter and the plaintiffs’ intention to seek vacation of the trial date.
5. It is the plaintiffs’ position that they wish time to engage with their member of Parliament and the NPA so as to be included as beneficiaries in the PNG LNG Project. They seek an adjournment for a month.
6. The defendants do not oppose the application.
7. I propose to vacate today’s hearing. The recent development as outlined on the evidence represents a material and important change of circumstance. If the plaintiffs are included as beneficiary clans, it will avoid the need for a substantive hearing. It affords the plaintiffs, the relevant Minister and the NPA an opportunity to engage with each other without the court’s involvement, which I deem proper in the circumstances, one that best serves the interests of justice.
8. I accordingly vacate the hearing today and adjourn this matter to 5 March 2026 at 9.30am.
9. Time to abridge.
   

Lawyers for the plaintiffs: TL Cooper
Lawyers for the first and second defendants: Solicitor General