Brigadier General Jerry Singirok MBE v National Executive Council, Attorney–General of Papua New Guinea, The Independent State of Papua New Guinea and Brigadier Leo Nuia OBE (1997) N1590
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Citation | (1997) N1590 |
| Date | 03 July 1997 |
| Year | 1997 |
Full title: Brigadier General Jerry Singirok MBE v National Executive Council, Attorney–General of Papua New Guinea, The Independent State of Papua New Guinea and Brigadier Leo Nuia OBE (1997) N1590
National Court: Sevua J
Judgment Delivered: 3 July 1997
1 Injunction—Application for injunction to restrain defendants from removing plaintiff from house where plaintiff's entitlements to house ceased at time of revocation of appointment—Claim for alternative accommodation
2 Administrative law—Contract of employment—Plaintiff's appointment as Commander of PNG Defence Force revoked—Substantive claim is for damages for unlawful/wrongful termination of contract—Remedy in damages not injunction—Injunction not available—Injunction refused
3 Edward James Peter Robinson v National Airlines Commission [1983] PNGLR 476, Air Niugini v Elizabeth Talum [1992] PNGLR 296 and American Cyanamid Co v Ethicon Ltd [1975] AC 396 referred to
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Sevua J: The plaintiff is the former Commander of the Papua New Guinea Defence Force and was terminated by the Governor General on advice of the first defendant on March 17, 1997 as a result of his involvement in what is commonly known as the 'Sandline Crisis'. His appointment as Commander was effected on 16th November, 1995 and was for a tenure of four years to 16th, November, 1999.
On 8th May, 1997, the plaintiff filed a writ of summons claiming, inter alia, damages for wrongful termination of his contract which is not the issue before me now. However, I highlight this at this juncture because the plaintiff's pleadings advert to various matters which in the main, are tantamount to a breach of contract, the remedy for which is damages, if the breach is proven.
On 13th June, 1997, the plaintiff filed a notice of motion seeking orders that:—
1. Brigadier General Jerry Singirok MBE and his family remain at Flagstaff House at Murray Barracks until:
(a) alternative accommodation within the barracks is found; or
(b) suitable fully paid accommodation outside the barracks is...
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OS. NO. 505 of 2012; Application for leave to apply for Judicial Review pursuant to Order 12 (1) and Order 16 (3) of the National Court Rules; Michael James for and on behalf of himself and 24 Others Students of Papua New Guinea University of Natural Resources & Environment (No.2) v Joachim Pitala, Chairman Students Disciplinary Committee and Professor Philip Siaguru, in his capacity as the Vice Chancellor of Papua New Guinea University of Natural Resources and Environment and The University of Natural Resources And Envoronment (2012) N4822
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