The High Court (General Division) on 29 January 2021, struck out all the Plaintiffs’ claims for control over PNGSDP’s assets of approximately US$1.48 billion. The Plaintiffs brought their claims purportedly on behalf of some 147,000 residents of Papua New Guinea (“PNG”). The team from Dentons Rodyk representing PNGSDP, was led by Mark Seah.

The Court agreed with Mr Seah’s submission that all of the heads of claim, which alleged breaches of fiduciary duty and unjust enrichment amongst others, failed to disclose any reasonable cause of action and/or were frivolous or vexatious.

PNGSDP was incorporated in Singapore in late 2001 by BHP Billiton Limited (“BHP”) and the PNG government, in connection with BHP’s exit from the Ok Tedi Mine in PNG’s Western Province. PNGSDP’s mission was and still is, to promote sustainable development in PNG. It forms part of the legacy of PNG’s then Prime Minister, Sir Mekere Morauta KMCG PC, who passed away recently on 19 December 2020.

Dentons Rodyk also previously successfully resisted the State of PNG’s claims for control, prevailing in the Singapore Court of Appeal in 2016, the Singapore High Court in 2019, and subsequently in the State’s appeal to the Court of Appeal in 2020.

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