Inatio trading as Mary's Motel v Dantise - Judgment [2007] KIHC 79; Civil Case 31 of 2007 (19 April 2007)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 31 of 2007

Between:

Jane Inatio T/A Mary’s Motel
Plaintiff

And:

John Dantise
Defendant

For the Plaintiff: Mr Banuera Berina
For the Defendant: Ms Joelle Grover

Date of Hearing: 18 April 2007

JUDGMENT

The defendant, from Nauru, needed accommodation and on 7th February went to Mary’s Motel looking for it. He had been staying there but checked out earlier that day, thinking to stay with a friend. He paid what he owed before he left. He changed his mind about staying with a friend but when he went back to Mary’s he found the motel was fully booked. While he was having a few drinks he met a man, Graham Round from Australia. Graham, as he was referred to in evidence, was staying at Mary’s and offered to let the defendant share his room.

Graham left the motel, it seemed on 12th February, before the defendant was to leave. Before Graham did leave an employee of Mary’s who handles bookings and accounts, Teereeke Kontaake, shewed Graham the bill for accommodation occupied by him and the defendant, for their meals, drinks and telephone (which came to $509.75). Graham did not pay but the defendant said he would pay the lot. In examination in chief Teereeke:-

Before Graham left the motel I shewed the bill to John and he said there was no problem: he would pay it.

That evidence was not challenged in cross examination.

The defendant in his evidence admitted he had been shewn the statement of account for a total of $1,141.42 with supporting chits for food and drink and an itemized list of telephone calls. The defendant did not read them but agreed to pay. He was told the total was over $1,000 and "opted to pay it from Nauru as I did not have the money with me. I offered to pay. I did not object to paying that amount".

The defendant left the motel without paying any of the $1,141.42. He was restrained by order of this Court from leaving Kiribati before he could board a flight at Bonriki Airport.

Those are the facts as I find them after hearing the evidence of the plaintiff, Jane Inatio, the witness Teereeke Kontaake and the defendant. I am satisfied on the balance of probabilities with the thrust of the evidence of Jane and Teereeke – that the defendant undertook to pay the whole amount, did not pay anything, left the motel and would have left the country without paying anything if he had not been restrained by order of the Court.

The defendant undertook to pay the bill and should do so.

There will be judgment for the plaintiff for $1,141.92.

Dated the 19th day of April 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice