Waghi Security Service Pty Ltd v John Tembon and Western Highlands Provincial Government In Suspension

• Jurisdiction: Papua New Guinea
• Citation: [1994] PNGLR 138
• Date: 22 December 1994
• Court: National Court
• Year: 1994

National Court: Woods J

Judgment Delivered: 22 December 1994

1 Contract—form—defects—execution under seal—authorised signatories—Stamp Duties Act—modern commercial agreements must comply with modern laws

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Woods J: The Plaintiff is suing for breach of a contract entered into the Western Highlands Provincial Government in December 1991 to hire the Plaintiff's services for security at Kapal House.

The contract is alleged to have been for 3 years however it is alleged that the officers of the Government and in particular the First Defendant terminated the contract without giving the formal notice as required under the contract and in breach of a clause of the contract which provides for termination of the contract.

The Plaintiff is claiming for the period required for notice under the contract namely for the 3 months services which the plaintiff claims it is entitled to.

There is no claim for any work or services actually provided and not paid for, it is purely for the term of the defective notice and the loss suffered by the Company for such premature notice.

The Plaintiff is relying on the term of the contract and not for work done or services provided and not paid for.

The Plaintiff has tendered an agreement upon which it relies for its claim. However firstly there is no evidence of any compliance with the Stamp Duties Act (Ch117) it being a memorandum or agreement liable for duty. Therefore under s19 of the Act the document tendered cannot be admitted as or available in law. One very simple rationale for...