Peter Na–Al v Michael Debege and Fly River Provincial Government (2000) N1958
| Jurisdiction | Papua New Guinea |
| Judge | Kapi DCJ |
| Judgment Date | 12 May 2000 |
| Court | National Court |
| Citation | (2000) N1958 |
| Year | 2000 |
| Judgement Number | N1958 |
National Court: Kapi DCJ
Judgment Delivered: 12 May 2000
N1958
PAPUA NEW GUINEA
[In the National Court of Justice at Waigani]
WS 818 of 1998
BETWEEN:
PETER NA-AL
Plaintiff
AND:
MICHAEL DEBEGE
First Defendant
AND:
FLY RIVER PROVINCIAL GOVERNMENT
Second Defendant
Waigani: Kapi DCJ
11th, 19th April, 12th May 2000
Damages - distress, frustration and disappointment - breach of condition
of scholarship - financial hardship - family breakdown - financial commitments.
Tim Davidi for the Plaintiff
No appearance for the Defendant
12th May 2000
The plaintiff commenced employment with the second defendant in August 1991. He was awarded a scholarship to study in Deakin University, Melbourne Australia. It was a condition of the scholarship that the second defendant would pay the plaintiff’s salary and other entitlements in the contract of employment for three years while he was on studies.
He took up studies on the basis of the agreement with the second defendant during the academic year in 1994. The plaintiff was paid his salary until 28th June 1994 when the second defendant stopped paying his salary without any reason. The plaintiff was unable to meet his financial commitments and withdrew from the course and took up a course with TAFE also in Australia.
The plaintiff sued the defendants for damages arising out of breach of contract of employment and the breach of the conditions of the scholarship.
The plaintiff obtained a default judgment against the defendants and the matter has come before me for assessment of damages.
The plaintiff claims damages under the following heads:
1. unpaid wages
2. leave entitlements
3. repatriation costs
4. freight costs
5. damages for mental and psychological suffering
6. interest.
So far as financial loss is concerned (items 1 to 4), the plaintiff pleaded the loss for the three years duration of the scholarship. These are entitlements arising out of conditions of employment. I am satisfied with the evidence and the calculations by the plaintiff and assess these claims at K37, 931.15.
Counsel for the plaintiff submits that claim for salary should be calculated up to the time of the judgment. I...
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...Insurance (PNG) Ltd [1995] PNGLR 401; Kopung Brothers Business Group v Sakawar Kasieng [1997] PNGLR 331; Peter Na–Al v Michael Debege (2000) N1958; Yooken Pakilin v The State (2001) N2212; Peter Aigilo v The State (No 1) (2001) N2103; Kolaip Palapi v Sergeant Poko (2001) N2274; Andrew Kewa ......
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Johannes Samot v George Yame and Concrete Aggregate PNG (2020) N8256
...of Medical Research (2014) N5614 Peter Aigilo v The Independent State of Papua New Guinea (2001) N2102 Peter Na’al v Michael Debege (2000) N1958 Philip Kunnga v The Independent State of Papua New Guinea (2004) N2689 Philip Nare v The State (2017) SC1584 Robert Brown v Motor Vehicle Insuranc......
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James Liwa & Peter Kuriti v Markis Vanimo, Dayman Kalino & John Angisa and The Independent State of Papua New Guinea (2008) N3486
...Insurance (PNG) Ltd [1995] PNGLR 401; Kopung Brothers Business Group v Sakawar Kasieng [1997] PNGLR 331; Peter Na–Al v Michael Debege (2000) N1958; Yooken Pakilin v The State (2001) N2212; Peter Aigilo v The State (No 1) (2001) N2103; Kolaip Palapi v Sergeant Poko (2001) N2274; Andrew Kewa ......
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Pama Anio v Aho Baliki and Bank South Pacific (2004) N2719
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Bau Waulas v Veronica Jigede, as Provincial Administrator of New Ireland Province and Department of Personnel Management and The Independent State of Papua New Guinea (2009) N3781
...(2003) N2402; Lawrence Sausau v Joseph Kumgal (2006) N3253; Peter Aigilo v The State (No 1) (2001) N2103; Peter Na–Al v Michael Debege (2000) N1958 JUDGMENT 1. MAKAIL J: This is an application for judicial review of 8 decisions of the First Defendant to inter-alia, dismiss the Plaintiff fro......