Auto One Importers & Exporters Co Pte Ltd v Carpenters Fiji Pte Ltd (trading as Carpenters Shipping Ltd) [2021] FJMC 45; Civil Case 92 of 2021 (1 November 2021)

IN THE MAGISTRATE’S COURT AT SUVA
CIVIL JURISDICTION

Civil Case No. 92 of 2021

BETWEEN:
AUTO ONE IMPORTERS & EXPORTERS COMPANY PTE LIMITED
PLAINTIFF

AND:
CARPENTERS FIJI PTE LIMITED trading as
CARPENTERS SHIPPING LIMITED
DEFENDANT

For the Plaintiff: Mr. Kumar of Parshotam Lawyers
For the Defendant: Mr. Lal of Patel Sharma Lawyers

INTERLOCUTTORY RULING

1. This is a ruling on an application by the Plaintiff for judgment. The Plaintiff bases this application on paragraph 2 of the Statement of Defence filed by the Defendant which the Plaintiff contends is admission on the part of the Defendant. The Defendant on the other hand states that the Plaintiff can only ask for judgment is the debt is admitted. However, in this case they contend that they are not admitting to the debt.

The Claim

2. The Plaintiff filed a Writ and Statement of Claim dated 26^th February 2021. It then amended its claim on 26^th March 2021.
3. The Plaintiff is a company that provides motor vehicle parts and products. The Defendant purchased certain parts and products amounting to $42,072.01 from the Plaintiff. The Plaintiff clams that the Defendant failed, neglected or refused to pay for those certain parts and products.

4. The Plaintiff clams for inter alia special damages in the sum of $42,072.01 and costs.

The Defence

5. The Defendant filed its Defence on 13^th April 2021 and agrees that it had a business relationship with the Plaintiff. However, the Defendant states that the Plaintiff actually owes money to the Defendant and that the payment for the goods obtained by the Defendant, which the Plaintiff claims now was subject to that business relationship. At best and in absence of evidence usually adduced in Trial, this is what the Court could imply from the Defence.
6. On 16^th April 2021, the Plaintiff sought judgment given that the Defendant has admitted to the Claim but the Defendant disputes the same.

Magistrate Court Rules

7. Order 15 Rule 4 :-

If any defendant shall sign a statement admitting the amount claimed in the summons or any part of such amount, the court, on being satisfied as to the genuineness of the signature of the person before whom such statement was signed, and unless it sees good reason to the contrary, shall, in case the whole amount is admitted, or in case the plaintiff consents to a judgment for the part admitted, enter judgment for the plaintiff for the whole amount or the part admitted, as the case may be, and, in case the plaintiff shall not consent to judgment for the part admitted, shall receive such statement in evidence as an admission without further proof.

8. Judgment in this context is premised on the Defendant admitting the amount contained in the claim. However, the Court fails to see any expressed terms in the Statement of Defence that admits the amount claimed. The Defendant then in clear terms states in the same paragraph 2 of the Defence that the “balance are denied”.

Determination

9. I therefore rule that the oral application for judgment by the Plaintiff is dismissed. I will adjourn this matter for Mention to allow for the Plaintiff to file a Reply to Defence, if required and thereafter set this matter for Hearing.

10. Costs in the cause.

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J. Daurewa
Resident Magistrate

1^st November 2021