Daniel Occungar v Luke Kiliso and Jamie Graham and New Britain Palm Oil Limited (2010) N4102

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2010) N4102
• Year: 2010
• Docket Number: WS NO 332 OF 2008
• Date: 25 June 2010

Full Title: WS NO 332 OF 2008; Daniel Occungar v Luke Kiliso and Jamie Graham and New Britain Palm Oil Limited (2010) N4102

National Court: Cannings J

Judgment Delivered: 25 June 2010

JUDGMENT

NEGLIGENCE—motor vehicle collision—whether the plaintiff proved on the balance of probabilities that the driver of the other vehicle was negligent.

DAMAGES—measure of—plaintiff claims damages for: damage to bus; business losses.

There was a motor vehicle collision between the plaintiff’s bus and a tractor owned by the third defendant and driven by the first defendant, resulting in damage to the bus. The plaintiff sued the defendants, claiming damages for negligence. The defendants denied liability on the ground that there was insufficient evidence that the first defendant drove negligently and that, in fact, the bus driver was negligent. As to assessment of damages the defendants asserted that if they were found liable, the plaintiff should be awarded nothing due to lack of evidence.

Held:

(1) The plaintiff’s evidence was sufficient to prove, on the balance of probabilities, that his version of events was correct and that the driver of the tractor was negligent.

(2) The plaintiff succeeded in establishing a cause of action in negligence against the defendants.

(3) Damages were assessed as: damage to the bus K22,500.00 + business losses K9,000.00 = K31,500.00.

(4) In addition the plaintiff was awarded interest of K7,812.00, making the total judgment sum K39,312.00.

Cases cited

The following cases are cited in the judgment:

Abel Kopen v The State [1988-89] PNGLR 655

Cheong Supermarket Pty Ltd v Pery Muro [1987] PNGLR 24

Daniel Jifok v Kambang Holdings Ltd, trading as Lutheran Shipping (2008) N3475

Graham Mappa v ELCOM (1992) N1093

Jonathan Mangope Paraia v The State (1995) N1343

Misac Pokonoming v Jeffery Simiri WS 1596/2005, 26.10.07

Otto Benal Magiten v Bilding Tabai (2008) N3470

TRIAL

This was a trial on liability and damages.

25 June, 2010

1. CANNINGS J: On 8 June 2007 there was a collision between:

• a New Holland tractor owned by the third defendant, New Britain Palm Oil Limited (NBPOL), the third defendant; and

• a 15-seater Toyota Hiace PMV bus owned by the plaintiff, Daniel Occungar.

2. The tractor was driven by the first defendant, Luke Kiliso, an NBPOL employee. The second defendant, Jamie Graham, was at the time the managing director of NBPOL. The bus was driven by the plaintiff’s employee, Peter Okuk. The collision occurred on a straight stretch of road between the Bebere nursery, near Mosa, and Nahavio. Both the tractor, which was pulling a trailer, and the bus...