Napolen Simatab & Nathan Suagaia v George Iruni, Principal, Tusbab Secondary School and The Board of Governors, Tusbab Secondary School (2005) N2825

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 14 March 2005
• Citation: (2005) N2825
• Docket Number: OS No 60 of 2005
• Year: 2005

Full Title: OS No 60 of 2005; Napolen Simatab & Nathan Suagaia v George Iruni, Principal, Tusbab Secondary School and The Board of Governors, Tusbab Secondary School (2005) N2825

National Court: Manuhu AJ

Judgment Delivered: 14 March 2005

1 Administrative law—Disciplinary procedure of Secondary School—Application for order directing compliance with disciplinary body's decision—Whether administrative avenue and procedure exhausted—Whether relief can be granted—Application of principles of equity

2 Lawrence Kalaivi v Simon Arua (1999) N1922, Independent State of Papua New Guinea v Philip Kapal [1987] PNGLR 417, Amadio Pty Ltd v The State (1992) PNGLR 218, Gabriel Dusava v Justice Teresa Doherty [1999] PNGLR 419 referred to

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Manuhu AJ:

I ruled and made certain consequential orders on 25 February 2005 at Madang. I advised the Plaintiffs'counsel (counsel for the Defendants did not subsequently appear to receive the orders) that my reasons will be furnished to them at a later time. I do that now.

Relevantly, the Plaintiffs were students at Tusbab Secondary School ("The School"). Following reports that the Plaintiffs had consumed and were in possession of home brew spirit, they were suspended on 13 September 2004, and were asked to respond to the suspension letter. The Plaintiffs responded to the suspension letter on the same day. The matter was then referred to the School's Disciplinary...