Sembi Paikel v Kaiwe Pty Ltd [1997] PNGLR 603

• Jurisdiction: Papua New Guinea
• Citation: [1997] PNGLR 603
• Date: 24 October 1996
• Court: National Court
• Year: 1997

Full Title: Sembi Paikel v Kaiwe Pty Ltd [1997] PNGLR 603

National Court: Injia J

Judgment Delivered: 24 October 1996

1 Contract—Bailment—meaning of—Bailor—Owner or person in possession of—Bailee—Motor vehicle repair workshop—property—Motor vehicle—Bailee released motor vehicle to wrong person after repair—Rights of bailee and duties of bailor discussed

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Injia J: This is an action for damages for the loss of a 25 seater PMV Nissan bus, which the Plaintiff claims he owns. He claims he deposited the vehicle with the Defendant at its workshop for repairs but when he returned to collect it, the Defendant could not deliver it because the Defendant had wrongly released the vehicle another person.

The case for the Defendant is accurately summarised by counsel for the Defendant Mr O'Connor in his written submission which reads:

"The Defendant admits that it completed repairs to an identified vehicle but denies that the vehicle was unlawfully released to an unknown third party as alleged. it says that the vehicle was released to Elias Kaeyo, a driver and mechanic employed by the Plaintiff and related to the Plaintiff by marriage.

The Defendant says that by the conduct of the Plaintiff and Elias Kaeyo the Defendant was reasonably led to believe Elias Kaeyo was the owner of the vehicle or a duly authorised agent. It further says that the Plaintiff has since the vehicle was released been able to recover his vehicle and denies the claim for damages."

The evidence for the Plaintiff was given by the Plaintiff himself and Muku Taupin. Their respective affidavits were admitted into evidence (Exhibit "A" & "B"). The Defendant called the Workshop Manager, Max Buntrock, Robert Kawek, Rita Taru and Passingan Taru. Their affidavits were also admitted into evidence (Exhibit "H"–"K").

In my view, this is claim for damages for breach of contract of bailment. A contract of bailment is defined as "a delivery of personal chattels in trust, on a contract, express or implied, that the trust...