Appeal Sought

In New Guinea

Land Case

Leave to appeal against the judg ment of P-NG Chief Justice Mann in the Varzin land case will be sought in the Australian High Court, it was announced in Port Moresby in July.

The Administration and the Custo dian of Expropriated Property will make the application.

THE Mann judgment was delivered in Port Moresby in June.

There has been uneasiness among property owners in New Guinea in recent months (see June PIM, p, 11, and July PIM, p. 19), since the Pub lic Solicitor in New Guinea, on be half of Tolai natives, challenged the validity of the Varzin plantation title.

This changed to alarm when Mr. Jus tice Mann interpreted the Ordinances governing the situation as giving him authority to go back to the period before the issue of the New Guinea land titles, and to examine the condi tions that then existed. Hitherto, it had been understood, the conditions pre-dating the issue of titles could not be re-examined, because such titles

had been issued in accordance with the Torrens system.

It is believed that both the Austra lian Minister for Territories, and the Administrator take a grave view of the possible effect of the Mann judg ment on all freehold lands security in the Territory. It is likely, therefore, that all possible means will be taken to expedite the hearing of the appeal by the High Court.

The suggestion has been made — and is under consideration—that a combination of Territory property owners should brief counsel, so that they may be associated with the Ad

ministration’s appeal to the High Court.

Officialdom, however, may dis courage such a move by private pro perty owners, in case it should be misunderstood by the natives.

“The Tolais will be very cross if they lose the final decision,” writes an old Rabaul resident. “I do not know what they will do—but they can make a further appeal, I suppose, with no cost to them.”

The Varzin land title challenge, heard by Chief Justice Mann, was prepared by the Public Solicitor at no cost to the Tolais.