Pulgti v Nindop [2007] PGDC 58; DC580 (30 August 2007)

DC580

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

DCCi NO 270 OF 2000

BETWEEN

WERINU PULGTI
Complainant

AND

TOM NINDOP
Defendant

Mt Hagen: E DEIB
2007: August 09th, 10th & 30th

COUNTER OFFER
Part Payment, Property Transfer, and Balance to be paid later, Terms recorded on statuary declaration

CROSS CLAIM
Defective engine block, Refund of Part Payment, refund repaired costs, general damages.

JUDGMENT

FACTS

The complainant has taken you to court because you had agreed to pay K2, 500.00 the balance outstanding of a PMV 15 seater bus that you received and paid only K3, 500.00 on the 26th of August 2003. The complainant sold that vehicle for K6, 000.00 but both of you agreed where you made part payment and vehicle was given to you. All these agreed terms had been written and signed on a statutory Declaration.

Now you submit that the engine block was defective and not made known by the complainant so, the complainant must repay your part payment together with the cost of repairs. You also submitted that you were aware of other defect on the vehicle.

ISSUE

The question is whether you can terminate the contract on the grounds of non disclosure of a defective engine block.

LAW

Contract
No cases referred.

AGREED TERM

I understand that when the complainant had made an offer to sell his 15 seat PMV bus for K6, 000.00, you made a counter offer. The counter offer had three agreed terms;-

1. Payment of K3, 500.00 on the 26/08/03.

2. Bus be transferred to you on the 26/ 08/ 03.

3. Balance to be paid on the 26/11/03.

These are your agreed terms of your counter offer written on the statutory Declaration on the 26/08/03 signed and sealed the same day. I find that when you both agreed that the part payment of K3, 500.00 be made on the 26/08/03 and at the same time the vehicle passed to you meant that the cost of repair for any defective parts also passed to you meant that the cost of repair for any defective parts also passed to you. Therefore when you are the owner of the vehicle, you are responsible for the cost of repair.

In your agreed term to pay the balance on the 26/11//03 created a duty to pay
K2, 500.00 on that due date. You made yourself duty bound to pay that amount on the due date which you failed to do. Subsequently you are ordered to pay K2, 500.00 with cost of K300.00, 8% interest of K566.67 total of K3 316.67 within 60 days from the date of this order.

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Plaintiff: In Person
Defendant: In Person