Joseph Kupo v The Independent State of Papua New Guinea (2011) N4285

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2011) N4285
• Date: 05 January 2011
• Docket Number: WS 1634 of 2002
• Year: 2011

Full Title: WS 1634 of 2002; Joseph Kupo v The Independent State of Papua New Guinea (2011) N4285

National Court: Hartshorn J.

Judgment Delivered: 5 January 2011

DAMAGES - Assessment of damages—Wrongful termination of employment—part payment under Deed of Release - Liability not in issue

Facts:

The Plaintiff’s employment as Commissioner of Police was terminated in September 2002. He commenced this proceeding against the defendant seeking damages for wrongful termination of employment. A Deed of Release and Settlement (Deed) was entered into between the parties as to the plaintiff's claim for entitlements under his contract of employment and general damages but not for exemplary damages. The plaintiff was only paid part of the agreed settlement. He then amended his Statement of Claim to seek from the defendant the balance owing under the Deed, the entitlements allegedly due under the contract and the Police Act and exemplary damages. Default judgment was entered for the plaintiff with damages to be assessed. This is now the decision on assessment of damages.

Held:

(1) Judgment is ordered for the plaintiff against the defendant in the sum of K1,890,176. 39.

(2) The defendant shall pay interest at the rate of 8% per annum on K1,890,176. 39 or on the balance remaining, from 19th October 2006 until payment in full,

(3) The defendant shall pay the plaintiff's costs of and incidental to the proceeding to be taxed if not agreed.

Cases cited:

William Mel v Coleman Pakalia (2005) SC790; PNG Aviation Services Pty Ltd v Geob Karri (2009) SC1002

5th January, 2011

1. HARTSHORN J: The plaintiff was the Commissioner of Police. His employment was terminated in September 2002. The plaintiff commenced this proceeding against the defendant seeking damages for wrongful termination of employment. A Deed of Release and Settlement (Deed) was entered into between the parties as to the plaintiff's claim for entitlements under his contract of...