Trust Territory v Malsol [1982] TTLawRp 13; 8 TTR 277 (23 November 1982)

8 TTR 277

TRUST TERRITORY OF THE PACIFIC ISLANDS, Defendant-Appellant

v.

FRANK MALSOL, Plaintiff-Appellee

Civil Appeal No. 342

Appellate Division of the High Court

Palau District

November 23, 1982

Appeal by government from trial court decision overturning agency action dismissing from public service a Supply Officer who had committed irregularities in his duties. The Appellate Division of the High Court, Gianotti, Associate Justice, held that there was competent evidence to support agency action, and therefore reversed the decision of the trial court.

1. Administrative Law-Judicial Review-Standards

Scope of reviewing court, on appeal of an agency action, is quite narrow in finding whether there is any logical basis for determining the action of the administrative body or officer to be excessive, arbitrary, or capricious, and the courts are loath to interfere with the executive or legislative branches of the government where such interference is unnecessary or unwarranted.

2. Administrative Law-Judicial Review-Standards

Review of agency actions by the courts should be carefully used so as not to intrude upon the fellow branches of government which are equal under the separation of powers aspect of a democratic government.

3. Administrative Law-Judicial Review-Standards

Where there was competent evidence to support decision of Acting District Administrator in dismissing from public service a Supply Officer, trial court erred in ruling that such action was excessive, arbitrary or capricious and overturning the agency action.

Counsel for Appellant:	KEVIN N. KIRK, ESQ., Office of
	the Attorney General, Trust Territory of the Pacific Islands, Saipan, CM 96950
Counsel for Appellee:	JOHNSON TORIBIONG, ESQ., TORI.
	BIONG & COUGHLIN, P.O. Box 378, Koror, Republic of Palau, 96940

Before BURNETT, Chief Justice, GIANOTTI, Associate Justice

GIANOTTI, Associate Justice