Election return petitions - when is filing of a petition deemed to have occurred?
The question is, when does filing of an election return petition occur and, is the non delivery of cash considered actual “payment”? When does payment of the requisite fees occur? Does mere intention to pay constitute payment? This was addressed on 22nd September by the National Court of Justice. The Court held, among other things, that actual attendance by a petitioner at the registry armed with the petition, K500 cash intended for the filing fee, and the security deposit constituted “filing”, even though the Registrar did not take actual delivery of the cash. The Registrar returned the K500 to the petitioner, as the Registrar was unsure of the actual sum required for the security deposit (despite it being prescribed in the enabling legislation), and advised the petitioner accordingly. The petitioner made a transfer two days later by Bank deposit, and used the supplied receipt as evidence of payment of the requisite security deposit. Samting blo tingting. Disclaimer The information set out in this article is a general guide only about the laws in PNG and is not intended as specific legal advice.
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