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PA Lal Coach Work Ltd v City Security Service Fiji Ltd [2008] FJMC 9; Civil Case No 350 of 2007 (14 July 2008)

IN THE RESIDENT MAGISTRATE’S COURT
AT SUVA

Civil Case No. 350 of 2007

Between:

P A LAL COACH WORK LTD
Plaintiff

And:

CITY SECURITY SERVICE FIJI LTD
Defendant

Before Ajmal G. Khan Esq.
Resident Magistrate

Plaintiff: Ms Rakai.
Defendant: Ms Whippy

Date of Hearing: 14/7/08
Date of Judgment: 14/7/08

JUDGMENT

The plaintiff has claimed for loss suffered due to defendant’s breach of agreement.

The plaintiff gave a quote for a vehicle for security purposes on 24th September 2003. The defendant issued a purchase order for an agreed sum of $13,800 for the construction works dated 30/9/03.

On the strength of the order, the plaintiff imported materials worth $8043.76(f) from New Zealand. The defendants failed to deliver the vehicle to the plaintiff and no works were carried out.

The defendants say that the vehicle was delivered to the yard of the plaintiff but no works were commenced for 3 weeks and it was taken away by the defendants. This is denied by the plaintiff.

I have no evidence to suggest any vehicle was delivered to the plaintiffs. I therefore find the vehicle was not delivered for works to be carried out. Consequently, the plaintiffs’ suffered loss and damage. The materials are worth $8043.76(f) specifically imported for this truck.

But works were not carried out. The defendants also claim loss of profit in this quote of $3,000. However, I am not satisfied in evidence that this profit has been proved by the plaintiff. No proper evidence was given to assess and analyze the amount of profit the plaintiff would have made.

Also the plaintiff would be using most if not all the materials in its possession in other similar works.

I therefore give judgment to the plaintiff on civil standard for $8043.76.

The defendant counterclaimed for loss of business for 3 weeks that the truck was delivered to plaintiff amounting to $10,500. In view of the above finding and due to lack of evidence the counterclaim is dismissed.

Therefore will be judgment for the plaintiff for $8043.76 and costs of $150.

Dated this 14th day of July 2008.

Ajmal Gulab Khan
RESIDENT MAGISTRATE