AGK Pacific (NG) Ltd v William Brad Anderson, Karson Construction (PNG) Ltd and Downer Construction (PNG) Ltd (2000) N2062

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2000) N2062
• Date: 04 December 2000
• Year: 2000

Full Title: AGK Pacific (NG) Ltd v William Brad Anderson, Karson Construction (PNG) Ltd and Downer Construction (PNG) Ltd (2000) N2062

National Court: Injia J

Judgment Delivered: 4 December 2000 or 1999

1 Civil—Interim Injunctions—Contract of Employment—Preservation of negative covenants

2 Employers Federation of Papua New Guinea v Papua New Guinea Waterside Workers and Seamen's Union (1982) N393 and Doherty v Allman (1878) 3 AC 709 referred to

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Injia J: The plaintiff (AGK) is seeking, by motion on notice, various interim injunctions against the defendants, in particular against the First Defendant ("Anderson"). AGK says the interim injunctions are necessary to preserve the status quo of the parties pending determination of its substantive claim. AGK's substantive claims are for inter alia, a declaration that the subcontract between the Third Defendant ("Downer") and Second Defendant ("Karson") dated 27 March 2000, be amended to delete Karson's name and to be substituted with AGK's name. In the statement of claim, AGK raises allegations of acts of misrepresentation and conspiracy to defraud and fraud committed by Anderson in collusion with Karson to undermine his employment contract with AGK, in tendering for a road drainage sub–contract project with Downer on behalf of Karson, a company recently incorporated by Anderson and his wife and solely owned by his wife. It claims Anderson whilst in the employ...