Albert Kuluah v The University of Papua New Guinea (UPNG) [1993] PNGLR 494

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: [1993] PNGLR 494
• Date: 30 April 1990
• Year: 1993

Full Title: Albert Kuluah v The University of Papua New Guinea (UPNG) [1993] PNGLR 494

National Court: Sheehan J

Judgment Delivered: 30 April 1990

1 Administrative law—application for injunction prior to application for judicial review—private contract of employment—judicial review not available—injunction refused

2 INJUNCTION—Application for injunction prior to application for judicial review—Conditions for granting interlocutory injunctions.

3 ADMINISTRATIVE LAW—Contract of employment—Judicial review not available—Injunction refused.

4 American Cyanamid Co v Ethicon Ltd [1975] AC 396 and Sulaiman v PNG University of Technology (1987) N610 referred to

Facts

The plaintiff was employed as a lecturer by the University of Papua New Guinea on a three year contract that expired. The employer provided him with accommodation under a tenancy agreement which stipulated a weekly tenancy determinable on the determination of his employment. The university refused to renew the plaintiff's contract of employment and demanded that he vacate the staff house which he occupied. He unsuccessfully appealed against the non–renewal of his contract of employment to a duly constituted appeals committee. Subsequently, a special subcommittee of the University Council declined to recommend any alteration of the decision. The plaintiff asked the Ombudsman Commission to investigate his case and sought orders from the court to restrain the university from repossessing the staff house. He also contemplated bringing an action for judicial review of the Council's...