Irata v Teemeta [2003] KIHC 108; Civil Appeal 11 of 2000 (2 October 2003)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Civil Appeal 11 of 2000

Between:

TAIAKI IRATA
Appellant

And:

AIRATA TEEMETA
Respondent

For Appellant: Mr Katarake Tebweao
For Respondent: Ms Taoing Taoaba

Date of Hearing: 2 October 2003

JUDGMENT
(Ex Tempore)

This is an appeal from an assessment of damages following a collision between two motor vehicles. The defendant admitted liability.

The Single Magistrate received an account for the cost of repairs to the plaintiff's motor vehicle. Neither the repairer nor any other witness was called to prove the damages.

This is not how damages can be proved. It is necessary to call the repairer (or someone who can speak to the facts) to describe the repairs carried out (this can usually be done by referring to the items on the repair account) and to say that the charges made are fair and reasonable for the work done. The witness may then be cross-examined.

Only after hearing evidence along these lines may the Court make an assessment of damages and give judgment.

That procedure was not followed in this case. The appeal is allowed: the judgment of the Single Magistrate quashed: the case is returned to the Magistrate's court for hearing again in accordance with these reasons.

The appellant to have costs fixed at $50.00.

THE HON ROBIN MILLHOUSE QC
Chief Justice