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

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (1995) N1333
• Date: 28 June 1995
• Year: 1995

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

1 EMPLOYMENT LAW—public service employment—Public Service Contract and Public Services General Orders—rights of employee governed by contract law—power of Court to interfere in internal Public Service employment procedures

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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 O4 r31 for the expeditious hearing of matters commenced by Originating Summons. However at the commencement of the hearing it was intimated that the plaintiff had...