SUVEINAKAMA v COUNCIL FOR THE ONGOING GOVERNMENT OF TOKELAU [2017] NZHC 3171 [15 December 2017]

SUVEINAKAMA v COUNCIL FOR THE ONGOING GOVERNMENT OF TOKELAU [2017] NZHC 3171 [15 December 2017]

The interim application was dismissed because there was significant doubt the Court could grant injunctive relief against the Tokelauan Crown, doubt that reinstatement was an available ultimate remedy under Tokelauan law (making damages likely the adequate remedy), and the balance of convenience favoured refusing interim reinstatement given recovery difficulties, public interest in institutional confidence, and the availability of an early substantive hearing.

Citation
[2017] NZHC 3171
Parties
First Plaintiff/applicant: Jovilisi Suveinakama; Second Plaintiff/applicant: Heto Puka; First Defendant/respondent: Council for the Ongoing Government of Tokelau; Second Defendant/respondent: Ulu O Tokelau; Third Defendant/respondent: Administrator of Tokelau
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 December 2017
Procedural Posture
Employment Dispute Interim Injunction / Interim Injunction Application (dismissed)
Outcome
Application dismissed
Legal Topics
Interim Injunction, Reinstatement, Natural Justice, Jurisdiction to Grant Relief Against the Crown, Public Service Discipline, Adequacy of Damages as Remedy
Employment Law Administrative Law Constitutional Law Public Law Civil Procedure Interim Injunction Reinstatement Natural Justice +3 more

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Parties

Jovilisi Suveinakama

First Plaintiff/applicant

Heto Puka

Second Plaintiff/applicant

Council for the Ongoing Government of Tokelau

First Defendant/respondent

Ulu O Tokelau

Second Defendant/respondent

Administrator of Tokelau

Third Defendant/respondent

Procedural Posture

Employment Dispute Interim Injunction / Interim Injunction Application (dismissed)

Legal Issues

  1. 1 Whether the Court sitting as the High Court of Tokelau has jurisdiction to grant injunctive relief against the Tokelauan Government/Crown
  2. 2 Whether reinstatement is an available ultimate remedy under Tokelauan law
  3. 3 Whether there is a serious question to be tried on alleged breaches of contract and procedural fairness

Ratio Decidendi

The interim application was dismissed because there was significant doubt the Court could grant injunctive relief against the Tokelauan Crown, doubt that reinstatement was an available ultimate remedy under Tokelauan law (making damages likely the adequate remedy), and the balance of convenience favoured refusing interim reinstatement given recovery difficulties, public interest in institutional confidence, and the availability of an early substantive hearing.

Court Disposition

Application dismissed

Orders

  • One day substantive hearing to be held on 8 March 2018
  • Affidavits in reply from the defendants to be filed by 15 February 2018