Foong v The Norfolk Island Hospital Enterprise [2002] NFSC 4

SUPREME COURT OF NORFOLK ISLAND

Foong v The Norfolk Island Hospital Enterprise [2002] NFSC 4

DAMIEN FOONG V THE NORFOLK ISLAND HOSPITAL ENTERPRISE SC 5 OF 2002 CORAM: BEAUMONT CJ. DATE: 15 AUGUST 2002

IN THE SUPREME COURT

NORFOLK ISLAND SC 5 OF 2002

IN THE MATTER OF: DAMIEN FOONG

Plaintiff

AND: THE NORFOLK ISLAND HOSPITAL ENTERPRISE

Defendant

REASONS FOR JUDGMENT

BEAUMONT CJ: 15 August 2002

INTRODUCTION 1 By his further amended originating application, the plaintiff, Dr Damien Foong, has sued the defendant, The Norfolk Island Hospital Enterprise ("the Hospital"), a statutory body corporate, and made capable, by statute, of being sued. Dr Foong sought declaratory and other relief. 2 First, Dr Foong seeks the following declaratory orders: "1. The resolution of the Board of Management of the defendant on 10 May 2002, suspending the plaintiff's employment with the defendant, is void and of no effect. 2. The purported suspension of the plaintiff's employment by the defendant on 10 May 2002 is void and of no effect. 3. The purported suspension of the plaintiff's employment by the Director of the defendant on 2 July 2002 is void and of no effect. 4. The purported suspension of the plaintiff's employment by the defendant on 2 July 2002 is void and of no effect. 5. The plaintiff's entitlements under the Contract of Employment continued to accrue during the period of purported suspension of the plaintiff's employment." 3 Secondly, Dr Foong seeks these orders: "1. The defendant forthwith do all things reasonably necessary to reinstate the plaintiff's employment by the defendant. 2. Damages. 3. Interest under section 39 of the Supreme Court Act 1960 (N.I.)."