Abel Kopen v The Independent State of Papua New Guinea [1988-89] PNGLR 659

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 30 October 1989
• Citation: [1988-89] PNGLR 659
• Court: National Court
• Year: 1989
• Judgement Number: N779

National Court: Woods J

Judgment Delivered: 30 October 1989

N779

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

KOPEN

V

THE INDEPENDENT STATE OF PAPUA NEW GUINEA

Mount Hagen

Woods J

19 September 1989

30 October 1989

DAMAGES — Measure of — Property damage — Motor vehicle damaged in accident — Repairs not effected — Hire purchase running in arrears — Repossession — Claim for loss of vehicle — Damages limited to cost of repairs and reasonable loss of profits — Repossession not foreseeable.

The plaintiff, whose 25-seater bus was damaged as a result of a motor vehicle accident, claimed damages for its loss. The bus was subject to hire purchase and because repairs were not effected and the plaintiff was unable to earn income from its use, instalments fell into arrears and the bus was repossessed.

Held

(1) The damages recoverable were limited to the cost of repairs and the loss of profits for a period sufficiently reasonable to effect repairs.

(2) Repossession was not to be regarded as a reasonable consequence of the damage.

(3) The plaintiff's duty to mitigate his loss required him to take appropriate steps to get the repairs done efficiently and without unreasonable delay.

Statement of Claim

This was an action for damages for loss of a motor vehicle allegedly caused by the negligence of the defendant.

Counsel

D L O'Connor, for the plaintiff.

B V L Ninai, for the defendant.

Cur adv vult

30 October 1989

WOODS J: This is a claim for damages for the loss of the plaintiff's public motor vehicle (PMV) following it being struck while stationary by a vehicle owned by the defendant on 12 June 1987.

Liability is admitted by the defendant and this case has therefore come on for hearing as an assessment of the damages.

The vehicle concerned was a 25-seater bus...