KVDC Gold Limited v Rajandran Periasomy and Mrs Leonara Judge and Oceanic International Trading & Merchandising Limited (2010) N4270

• Jurisdiction: Papua New Guinea
• Court: National Court
• Date: 28 July 2010
• Citation: (2010) N4270
• Docket Number: WS 134 OF 2005
• Year: 2010

Full Title: WS 134 OF 2005; KVDC Gold Limited v Rajandran Periasomy and Mrs Leonara Judge and Oceanic International Trading & Merchandising Limited (2010) N4270

National Court: Hartshorn J.

Judgment Delivered: 28 July 2010

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Breach of Contract—dishonoured cheque—whether agreement not stamped under the Stamp Duties Act to be admitted into evidence

TRIAL

Facts:

The plaintiff alleges that it entered into an agreement with the defendants for the sale and purchase of gold. Pursuant to the Gold Agreement 2011.91 grams of gold was supplied to the defendants. The defendants made an advance payment of K 87,000 but the cheque was dishonoured. The plaintiff has not received payment for the gold supplied and has commenced this proceeding seeking amongst others, payment for the gold and damages for breach of the Gold Agreement.

Held:

The third defendant is liable for breach of the gold agreement and judgment is entered for the plaintiff against the third defendant with damages to be assessed. The defendants’ cross claim is dismissed and the third defendant shall pay costs of the proceeding including the cross claim to the plaintiff.

Cases cited:

Waghi Security Services Pty Ltd v. John Tembon & Anor [1994] 138

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