Beno Maoko v Kevin Ling and Hugo Sawmilling Limited (2008) N3293
| Jurisdiction | Papua New Guinea |
| Court | National Court |
| Date | 26 March 2008 |
| Citation | (2008) N3293 |
| Docket Number | WS NO 661 OF 2007 |
| Year | 2008 |
Full Title: WS NO 661 OF 2007; Beno Maoko v Kevin Ling and Hugo Sawmilling Limited (2008) N3293
National Court: Cannings J
Judgment Delivered: 26 March 2008
PRACTICE AND PROCEDURE—motion to dismiss proceedings for disclosing no reasonable cause of action—National Court Rules, Order 12, Rule 40.
CONTRACT—privity of contract—whether a contract can be enforced by a person who was not a party to the contract.
The plaintiff commenced proceedings against the defendants, claiming damages for breach of contract. The defendants responded by moving a motion that the proceedings be dismissed for disclosing no reasonable cause of action, in that the plaintiff was not a party to the contract which he seeks to enforce and is precluded from enforcing it by the doctrine of privity of contract.
Held:
(1) Where a person wishes to enforce a contract by claiming damages for breach of contract, they must plead that they were a party to the contract or bring themselves within one of the exceptions to the doctrine of privity of contract.
(2) Here, the plaintiff was not a party to the contract and did not plead any of the exceptions to the doctrine of privity.
(3) The statement of claim discloses no reasonable cause of action and should, as a matter of discretion, be dismissed.
Cases cited:
Albert Areng v Gregory Babia & National Housing Corporation (2005) N2895; Christian Life Centre v Associated Mission Churches of PNG [2002] PNGLR 219; Kiee Toap v The State (2004) N2731; PNG Forest Products Pty Ltd v The State [1992] PNGLR 85; PNGBC v Barra Amevo and Bari Investments t/a Kainantu Pharmacy, Lennie Aparima and Orito Aparima (1998) N1726
NOTICE OF MOTION
This was a motion for summary dismissal of a breach of contract action.
26 March, 2008
1. CANNINGS J...
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