Moresby North-East MP

Kaupa’s application dismissed

Kaupa went to the Supreme Court seeking leave to review the decision of November 16, which dismissed his motion challenging the competency of the petition that was filed by former MP, Labi Amaiu.

He asked the National Court then to dismiss the entire proceeding on the basis the petition was filed one day late.

The National Court refused the motion, allowing the petition to stay alive and ordered for its return at a later date for the trial date to be set.

Court: Amaiu’s petition not filed late

Kaupa filed an application on Oct 18 seeking dismissal of the entire proceeding, claiming the petition was filed one day late.

Today the National Court refused that application, allowing the petition to stay alive because it was filed on time.

To file an election petition, it must be done within 40 days after the declaration date.

Kaupa was declared on July 28. Amaiu filed the petition on 6 September.

Justice Collin Makail, in giving his ruling on the motion, said the petition was filed within the 40-day period after the declaration date.