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HQH Enterprises Ltd v Wangbao Trading Ltd   flag 

[2023] PGSC 69
Supreme Court of Papua New Guinea
Papua New Guinea
28th April, 2023

Legislation Cited

Legislation Name Provision
Constitution

Cases and Articles Cited

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Soto v Our Real Estate Ltd [2018] PGSC 55 Supreme Court of Papua New Guinea Papua New Guinea 31 Aug 2018 PacLII flag 10
Paga No 36 Ltd v Eleadona [2018] PGSC 17 Supreme Court of Papua New Guinea Papua New Guinea 30 May 2018 PacLII flag 9
Kiso v Otoa [2013] PGSC 3 Supreme Court of Papua New Guinea Papua New Guinea 1 Mar 2013 PacLII flag 7
Koitachi Ltd v Walter Schnaubelt [2007] SC 870 United Kingdom - Scotland circa 2007 flag 14
Papua Club Inc v Nasaum Holdings Ltd [2004] PGNC 178 National Court of Papua New Guinea Papua New Guinea 3 Sep 2004 PacLII flag 16
Timano v Timano [1993] PNGLR 334 Papua New Guinea circa 1995 PacLII flag 4
Emas Estate v Mea [1993] PNGLR 219 Papua New Guinea circa 1993 PacLII flag 3
Mudge has been followed and applied by this court on numerous occasions: Keindip v Papua New Guinea [1993] PNGLR 28 Papua New Guinea circa 1993 PacLII flag 15
Emas Estate Development Pty Ltd v John Mea [1993] PNGLR 215 Papua New Guinea circa 1993 PacLII flag 138
SCR No 2 of 1992: Re The Leadership Code [1992] PNGLR 332 Papua New Guinea circa 1992 PacLII flag 2
Davis v Pitzz [1988-89] PNGLR 143 Papua New Guinea circa 1988 PacLII flag 11
Kekedo v Burns Philp (PNG) [1988-89] PNGLR 122 Papua New Guinea circa 1988 PacLII flag 325
Mudge v Secretary for Lands [1985] PNGLR 387 Papua New Guinea circa 1985 PacLII flag 185
Mudge v Secretary for Lands [1985] PNGLR 37 Papua New Guinea circa 1985 PacLII flag 2
Dent v Kavali [1981] PNGLR 488 Papua New Guinea circa 1981 PacLII flag 42
(1)(a) of the Land Registration Act provides is a difficult one indeed Mudge is a considered, unanimous judgment of three judges of this Court It adopts as applicable to the construction of s 33(1)(a) the understanding of that meaning adopted by a long line of authority of judgments of the highest persuasive authority Mudge and that line of overseas authority has, on many an occasion, been followed by this Court On the other hand, Emas Estate Development Pty Ltd v Mea is also a judgment of this Court constituted by three members, one of whom dissented on a matter of relevant principle as to the outcome It, too, has been followed more than once by this Court The question as to which line of authority is correct has not to date, as well it might have been, been considered, much less answered, by this Court constituted by more than three judges In hindsight, were there to be a departure from Mudge, Emas Estate Development Pty Ltd v Mea or any other of the later cases where that departure is evident ought desirably to have been heard and determined by this Court constituted by five judges: Public Prosecutor v John Aia and Peter Pino [1978] PNGLR 224 Papua New Guinea circa 1978 PacLII flag 18

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