Following our earlier update, the General Division of the High Court recently released its written judgment outlining its reasons for striking out all the Plaintiffs’ claims for US$1.48 billion of assets belonging to the PNG Sustainable Development Program Ltd (“PNGSDP”). PNGSDP was successfully represented by the Dentons Rodyk team led by Mark Seah, and comprising Andrea Gan, Martin See, Ashwin Nair and Alexander Choo.

The Court accepted PNGSDP’s submission that it did not owe an ad hoc fiduciary duty to the class of persons sought to be represented by the Plaintiffs, denying the Plaintiffs’ principal claim. The Court also noted that its findings on this issue were entirely consistent with its earlier decision and that of the Court of Appeal in previous litigation against PNGSDP, advanced by the Independent State of Papua New Guinea. Dentons Rodyk had also successfully represented PNGSDP in that litigation. The Court also set out its reasons for striking out the Plaintiffs’ remaining claims for a remedial constructive trust, and in lawful and unlawful means conspiracy and unjust enrichment. 

In the end, the Court was convinced that it was “not necessary to await a trial of this action” in order to conclude that all of the Plaintiffs’ claims against PNGSDP were “plainly and obviously unsustainable”.

The Plaintiffs have filed an appeal to the Appellate Division of the High Court.

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