Mantz Wango v Pot Andakundi and The Independent State of Papua New Guinea

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 02 March 1992
• Citation: [1992] PNGLR 45
• Court: National Court
• Year: 1992
• Judgement Number: N1039

National Court: Woods J

Judgment Delivered: 2 March 1992

N1039

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

MANTZ WANGO

V

POT ANDAKUNDI

AND

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

Mount Hagen

Woods J

30 January 1992

2 March 1992

DAMAGES — Personal injury — Assessment of damages.

LIABILITY — Of government for assault by employee.

VICARIOUS LIABILITY — Tortfeasor paid by provincial government but working for national government — Acting within course of employment.

Facts

The plaintiff brought a claim on her own behalf for compensation for the personal injuries received when she was assaulted by the first defendant at Mt Hagen General Hospital. Plaintiff was attending the hospital with her child and claims that the first defendant, a security guard at the hospital, assaulted her by kicking her across the side of the stomach and ribs. Plaintiff was hospitalised as a result of her injuries and was forced to have her spleen removed.

The State denies liability for the actions of the first defendant, stating that the first defendant is employed by the provincial government, not the national government. The State further claimed, in the alternative, that the acts of the first defendant were beyond the scope of his duties.

Issues

1. Whether the national government is liable for the actions of a provincial government employee who worked at a national institution.

2. Whether the first defendant was acting within the scope of his employment.

Held

1. Responsibility for health services is a concurrent function of the national government and the provincial governments. Public hospitals, like the Mt Hagen General Hospital, come under a national government act and are matters of national interest. No provincial legislation brings the Mt Hagen hospital under the provincial government's power. While the first defendant may have been paid by the provincial government, he is employed at a national government institution, and works under supervision of national government employees. The State is responsible for his acts.

2. The first defendant was acting in the course of his employment as directed by hospital staff.

Cases Cited

Amini v The State [1987] PNGLR 465

Kofowei v Siviri [1983] PNGLR 449

Counsel

MA Pryke for the plaintiff

R Kisau for the State

2 March 1992

WOODS J: The plaintiff is claiming for damages for injuries she received when she was assaulted by the first defendant at the Mt Hagen General Hospital. At the time she was attending the hospital with her child and she claims that the first defendant, who was a security guard at the hospital, assaulted her by kicking her across the side of the stomach and ribs. As a result of the assault, the plaintiff was hospitalised and had to have an operation for the removal of her spleen.

The incident happened on Wednesday 18 July 1990 and the plaintiff filed a writ of summons in June 1991. The summons was served on the first defendant and the State shortly after. In November 1991 the plaintiff applied for judgment in default of the defendants filing any notices of intention to defend or defences. I refused that application and ordered the matter be set down for trial. Neither of the defendants has filed any defence although the first defendant appeared in person at the hearing and the State was represented by counsel.

The plaintiff says that she and her husband were waiting near the typhoid ward with her son, who was a patient at the hospital. At about 10 am, a nurse came and complained about...