John Kopil v Malcolm Culligan and The Independent State of Papua New Guinea (1995) N1333

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 28 June 1995
• Court: National Court
• Citation: (1995) N1333
• Year: 1995
• Judgement Number: N1333

Full Title: John Kopil v Malcolm Culligan and The Independent State of Papua New Guinea (1995) N1333

National Court: Woods J

Judgment Delivered: 28 June 1995

N1333

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

OS 227 OF 1995

JOHN KOPIL

PLAINTIFF

V

MALCOLM CULLIGAN

FIRST DEFENDANT

THE STATE

SECOND DEFENDANT

Mount Hagen

Woods J

27-28 June 1995

EMPLOYMENT LAW — public service employment — public service contract and public service general orders — rights of employee governed by contract law — power of Court to interfere in Internal Public Service Employment procedures.

M. Tamutai for the Plaintiff

M. Pokia for the Defendant

28 June 1995

WOODS, J: The Plaintiff has filed an Originating Summons seeking certain Declarations concerning his position in the Public Service in the Department of Western Highlands and concerning the selection procedures being taken to fill certain positions in the Public Service in the Department of Western Highlands.

Originally it appeared that the Plaintiff was taking a class action for himself and other so-called displaced public servants in the Department of Western Highlands however following application by the State at the trial I struck out the reference to other unnamed persons as plaintiffs because at no time had these other persons been positively identified in the pleadings.

At the mention of this matter on 9 June 1995 there were orders made as to the addition of another Party and this date for the trial was set and it was ordered that the hearing was to be by way of submissions on affidavits filed.

Such orders and directions are provided for in the National Court Rules Order 4 Rule 31 for the expeditious hearing of matters commenced by Originating Summons. However at the commencement of the hearing it was intimated that the plaintiff had subpoenaed a number of witness for oral examination. I ruled that such witnesses could not appear as orders had been made on 9th June and accepted by counsel. The Plaintiff thereupon agreed to proceed on submissions on the material already filed.

The background to the action is that the plaintiff is a contract officer under the new arrangement for contract employment of senior officers in the Public Service. The Plaintiff had in January 1994 signed a contract for three years as a Senior Officer with the Department of the Western Highlands.

In about November 1994 there was a restructuring of the Department of Western Highlands and thus all existing officers were reclassified as acting in their various positions pending the advertisement and hearing by selection boards for the new positions. Whilst the new structured positions were advertised in November all action on the selection was put on hold as...