Faithorn v Territory of Papua (1938) 60 CLR 772; 12 ALJ 260 [35/1938; 36/1938]

• Jurisdiction: Papua New Guinea
• Court: High Court
• Judge: Latham CJ, Rich J, Dixon J, McTiernan J
• Judgment Date: 03 November 1938
• Citation: (1938) 60 CLR 772; 12 ALJ 260 [35/1938; 36/1938]
• Year: 1938

High Court: Latham CJ, Rich J, Dixon J, McTiernan J

Judgment Delivered: 3 November 1938

1 Public Service (Papua)—Public servant—Suspension—Subsequent reduction in rank—Invalidity—Dismissal and reappointment to lower rank—Dismissal at pleasure of Crown—"Unless otherwise provided"—Suit by public servant—Parties—Declaration of right—Papua Act 1905–1934 (No. 9 of 1905—No. 45 of 1934), s17, s18—Public Service Act of 1907 (Papua) (No. 2 of 1907), s1, s2—Public Service Regulations 1926 (Papua) (SR 1926 No 9), reg53.

2 Constitutional Law—Suits against the Crown—In what right Crown should be sued—Treasury out of &which claim to be satisfied.

2

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SUMMARY: The Papua Act 1905–1934 provides:—S17 (1): "The Lieutenant–Governor may in the name of the Governor–General appoint all necessary judges, magistrates, and other officers of the territory, who shall, unless otherwise provided by law, hold their offices during the pleasure of the Governor–General." S18:—"(1) The Lieutenant–Governor may, upon sufficient cause to him appearing, suspend from office any officer of the territory. (2) The Lieutenant–Governor shall forthwith report every such suspension to the Governor–General, and the suspension shall continue only until the Governor–General's pleasure therein is signified to the Lieutenant–Governor." S36: "Subject to this Act, the Legislative Council shall have power to make ordinances for the peace, order, and good government of the territory." The Public Service Act of...