JA Constructions Pty Ltd v Eastern Highlands Provincial Government [1999] PGNC 72; N1916 (9 August 1999)

Unreported National Court Decisions

N1916

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS NO. 208 OF 1998
BETWEEN: J A CONSTRUCTIONS PTY LIMITED
- PLAINTIFF -
AND: EASTERN HIDS PROS PROVINCIAL GOVERNMENT
- DEFENDANT -

Goro>Goroka

Kim J17 July 1999
9 August 1999

Counsel

Mr Umba for the PlainPlaintiff

Mr Teninge for the Defendant9 August 199t 1999

9

KIRRIWOM J: Plaintifngs this action agon against the Defendant for debt owing by the Defendant for services rendered to it by the Plaintiff. The services involved constructing or erecting security fences around tproperties owned by the Defe Defendant in October 1996 for the total sum of K3,523.00. There waalid contract betw between the parties and work was carried by the Plaintiff on the strength of that contract except that the Defendant failed to come good withpart of the contract.

The action is undefended.&#160 Theence on behalf of the Pthe Plaintiff was given by Mr Joe Andrias, the proprietor of the Plaintiff Co.

This evidence is tncontradicted as the matter is not contested. Variouuments ten in Court ourt byrt by the Plaintiff prove that there was never any question about the Defendant’s liability to pay.& The problem was that that the Defendant was facing cash-flow problems and it kept deferring payg payment until the matter was dropped in the ‘too hard’ basket and forgotten; hence this proceeding in Court.

I accept the evidence tendered by the Plaintiff and I find the Defendant liable for the amount claimed. The Plaintiff was forced to obtain a bank loan of K8,000 to boost his cash-flow to keep his operations going as the result of non-payment which also affected his ability to complete othntracts and even missing out on some. The Plaintiff ciff compana is as small national operator and for big public corporations like the Provincial Government to treat it in the way it did, even forcing it to come to Court to achieve this petty sum on toda17;s value of the falling king kina is deplorable and indescribable. I therefore find that the Plaintiff also suffered inconvenience, frustration and hardships as he deposed to in Court.

I award the following in damages to the Plaintiff:

1.; Debt owed - K3,523.00

2. Inconveniencnience, frtionation & hardship - K1,000.00

3. Interest from the date ofte of the Writ ie, 11th March 1998 - K482.00

4. Costs to the Plff

L

Lafor taintiff: Acanufa nufa & Associates

Lawyer for the Defendant: Nosohuno Teninge