Peter Na–Al v Michael Debege and Fly River Provincial Government (2000) N1958

• Jurisdiction: Papua New Guinea
• Judge: Kapi DCJ
• Judgment Date: 12 May 2000
• Court: National Court
• Citation: (2000) N1958
• Year: 2000
• Judgement Number: N1958

National Court: Kapi DCJ

Judgment Delivered: 12 May 2000

N1958

PAPUA NEW GUINEA

[In the National Court of Justice at Waigani]

WS 818 of 1998

BETWEEN:

PETER NA-AL

Plaintiff

AND:

MICHAEL DEBEGE

First Defendant

AND:

FLY RIVER PROVINCIAL GOVERNMENT

Second Defendant

Waigani: Kapi DCJ

11th, 19th April, 12th May 2000

Damages - distress, frustration and disappointment - breach of condition

of scholarship - financial hardship - family breakdown - financial commitments.

Tim Davidi for the Plaintiff

No appearance for the Defendant

12th May 2000

The plaintiff commenced employment with the second defendant in August 1991. He was awarded a scholarship to study in Deakin University, Melbourne Australia. It was a condition of the scholarship that the second defendant would pay the plaintiff’s salary and other entitlements in the contract of employment for three years while he was on studies.

He took up studies on the basis of the agreement with the second defendant during the academic year in 1994. The plaintiff was paid his salary until 28th June 1994 when the second defendant stopped paying his salary without any reason. The plaintiff was unable to meet his financial commitments and withdrew from the course and took up a course with TAFE also in Australia.

The plaintiff sued the defendants for damages arising out of breach of contract of employment and the breach of the conditions of the scholarship.

The plaintiff obtained a default judgment against the defendants and the matter has come before me for assessment of damages.

The plaintiff claims damages under the following heads:

1. unpaid wages

2. leave entitlements

3. repatriation costs

4. freight costs

5. damages for mental and psychological suffering

6. interest.

So far as financial loss is concerned (items 1 to 4), the plaintiff pleaded the loss for the three years duration of the scholarship. These are entitlements arising out of conditions of employment. I am satisfied with the evidence and the calculations by the plaintiff and assess these claims at K37, 931.15.

Counsel for the plaintiff submits that claim for salary should be calculated up to the time of the judgment. I...