Lucius Diritala v Joe Jeffrey (2009) N3927

• Jurisdiction: Papua New Guinea
• Citation: (2009) N3927
• Date: 01 October 2009
• Docket Number: WS NO 44 OF 2004
• Court: National Court
• Year: 2009

Full Title: WS NO 44 OF 2004; Lucius Diritala v Joe Jeffrey (2009) N3927

National Court: Cannings J

Judgment Delivered: 1 October 2009

JUDGMENT

DAMAGES—breach of contract—failure of purchaser of motor vehicle to pay full purchase price—plaintiff claims damages for: balance of purchase price, special damages, general damages etc.

The plaintiff entered into a contract to sell his motor vehicle to the defendant for K8,000.00. The defendant took possession of the vehicle, repaired and improved it, used it extensively but paid the plaintiff only K2,400.00. The defendant then sold the vehicle but still did not pay the balance of the purchase price. The plaintiff commenced proceedings against the defendant but the defendant did not defend the matter and default judgment was entered against him with damages to be assessed. This is the trial on assessment of damages.

Held:

(1) The plaintiff claimed seven categories of damages, totalling K43,347.57. He was awarded a total sum of K8,400.00.

(2) In addition, interest of K3,763.20 is payable, making the total judgment K12,163.20.

Cases cited

The following cases are cited in the judgment:

Cheong Supermarket Pty Ltd v Pery Muro [1987] PNGLR 24; Livingston v Raywards Coal Co [1880] 5 App Cases 25

TRIAL

This is a trial on assessment of damages.

1 October, 2009

1. CANNINGS J: The plaintiff, Lucius Diritala, has successfully sued the defendant, Joe Jeffrey, for breach of contract and has come to the court for an assessment of damages.

2. In November 2002 the plaintiff and the defendant entered into an oral contract under which the plaintiff agreed to sell his Mitsubishi L200 double-cab utility to the defendant for K8,000.00. The defendant took possession of the vehicle, repaired and improved it, used it extensively but paid the plaintiff only K2,400.00. The defendant then sold the vehicle but still did not pay the balance of the purchase price.

3. The plaintiff commenced proceedings against the defendant in the National Court, claiming damages for breach of contract. The defendant did not defend the matter and default judgment was entered against him with damages to be assessed. This is the trial on assessment of damages. The plaintiff is claiming three categories of special damages and four categories of general damages, totalling K43,347.57.

1 SPECIAL DAMAGES: BALANCE OF PURCHASE PRICE

4. The defendant paid the plaintiff only K2,400.00...