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Kipa v Wak [2003] PGDC 28; DC384 (10 January 2003)

DC384

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 080 OF 2001

BETWEEN

John Kipa
Complainant

V

Glen Wak
Defendant

Mt Hagen: Appa
2003: 10th January

JUDGMENT

Court has considered the whole evidence and found that there was no enforceable defence submission and legally binding contract in place. The negotiation for supply of timbers was done in a more casual manner in that the exact terms and conditions (if any) were not made clear enough to create legal obligations on either of the parties.

Evidence indicated that in the mind of the complainant, the supply of two chainsaws and payment of sum K600.00 was sufficient consideration for the supply of timbers sufficient to build a high covenant H80 house while the defendant had the opposite intention. He thought the timbers he had supplied was enough for the K600.00 so there was no meeting of mind to create legal relationship.

It was further noted that the claim for loss of 40 sheets of corrugated iron and 20 plywood would only apply once breach of contract was proven against the defendant. Those would become a flow on damages.

In the circumstances, I find that liability was not established on balance of probabilities. Cost of the proceeding follows the event.

In Person: Complainant
Robert Maki & Co. Lawyers: Defendant