Jacob Luke v John Ralda [1992] PNGLR 549

• Jurisdiction: Papua New Guinea
• Citation: [1992] PNGLR 549
• Date: 06 November 1992
• Court: National Court
• Year: 1992

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

National Court: Woods J

Judgment Delivered: 6 November 1992

1 Appeal—District Court—sale of goods—implied warranty—lifting the corporate veil—fairness of dealings—underlying law

2 Contract—general principles of fair dealing—sale of second–hand car—implied warranty—lack of documentation confirming sale

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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 JK 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 given the money to do the negotiations. I find no problem or legal bar to John Ralda so acting or taking any...