Jacob Luke v John Ralda [1992] PNGLR 549

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 06 November 1992
• Citation: [1992] PNGLR 549
• Court: National Court
• Year: 1992
• Judgement Number: N1118

Full Title: Jacob Luke v John Ralda [1992] PNGLR 549

National Court: Woods J

Judgment Delivered: 6 November 1992

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

JACOB LUKE

V

JOHN RALDA

Mount Hagen

Woods J

23 October 1992

6 November 1992

APPEAL — District Court — Sale of goods — Implied warranty — Lifting the corporate veil — Fairness of dealings — Underlying law.

CONTRACT — General principles of fair dealing — Sale of second hand car — Implied warranty — Lack of documentation confirming sale.

Facts

Appellant sold a second hand bus to the respondent for K4,800. After three (3) days, respondent found the vehicle to be not in good working order and returned it to the appellant, whereupon K2,100 was paid over to the respondent. It was not certain whether the K4,800 was full payment or part payment of purchase price. The lower court decided that the amount stated is the full purchase price and the defendant, now appellant is appealing against the decision.

Held

The appellant, being in the business of selling cars, failed to prove documentation of sale and Court must rely on the respondent's version.

6 November 1992

WOODS J: This matter started with a complaint filed in the District Court in August 1991. In November 1991, a judgment was given in the absence of the defendant. However, later on that judgment was set aside and the District Court proceeded to hear the evidence from both parties.

The evidence by John Ralda, the complainant, was that in October 1986 he paid Jacob Luke, the defendant, for a second hand bus. There were 3 payments made which totalled K4,800. John Ralda produced the receipts, which I note state the payment to be for deposit on a bus. I note further that the receipts were issued in the name of K J Motors. John Ralda said he took delivery of a bus but he returned it after 3 days as it was not going properly. He then refers to wanting another bus or having the money refunded. There is evidence that a sum of K2,100 was paid back to the people for whom John Ralda was acting.

On the matter of whether John Ralda was acting for himself or on behalf of others, there is evidence that a number of people contributed to buy the vehicle and John Ralda was...