Maip Pty Ltd v Ambra Coffee Estates Pty Ltd

• Jurisdiction: Papua New Guinea
• Citation: [1995] PNGLR 25
• Date: 29 September 1995
• Court: National Court
• Year: 1995

National Court: Woods J

Judgment Delivered: 29 September 1995

1 Equity—constructive trust—tender for purchase of property—tender accepted—no contract prepared—delay in submitting requirements for contract—occupation pending contract

2 Equity—claim in equity—nature of equitable estoppel—laches

3 Equity—unjust enrichment—limits to claims

4 McCosker and King v Kuster [1967–68] PNGLR 182, Arnold Ningiga v Peter Lare Koavea [1988–89] PNGLR 312, Re Companies Act and Luabar Logging Pty Ltd [1988] PNGLR 124, Austotel Pty Ltd v Franklins Selfserve Pty Ltd (1989) 16 NSWLR 582 and Waltons Stores Ltd v Maher (1988) 164 CLR 387

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Woods J: The Plaintiff is claiming certain rights to a property namely Portion 870 Mt Ambra being an Agricultural Lease Registered Volume 62 Folio 219 and being a coffee plantation. The Plaintiff is claiming rights as the successful tenderer for the property following an advertised mortgagee sale and an implied authority to enter into possession pending completion of the purchase.

The evidence is as follows:

The registered proprietor of the property according to the Title Deed is Totou No 36 Pty Ltd. Totou No 36 has changed their name to Ambra Coffee Estates Pty Ltd however that change of name has not been noted on the title due to their being no transfer requiring such notification.

Ambra Coffee Estates mortgaged the property to the Papua New Guinea Banking Corporation and that mortgage is noted on the registered title. There appears to have been default under the mortgage and the Bank in 1992 advertised the property for sale by public tender.

The Plaintiff was the successful applicant following this advertisement.

On 14 December 1992 the Bank advised the Plaintiff by letter that it accepted the Plaintiff's tender and required the Plaintiff to act within 14 days in meeting the following requirements:

1. Deposit of 10% (K9,000) is payable now;

2. Confirmation/evidence of ability to meet the balance of purchase price;

3. Name in which...