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 HIGHLANDS PROVINCIAL GOVERNMENT
- DEFENDANT -

Goroka

Kirriwom J
17 July 1999
9 August 1999

Counsel

Mr Umba for the Plaintiff

Mr Teninge for the Defendant

9 August 1999

KIRRIWOM J: Plaintiff brings this action 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 three properties owned by the Defendant in October 1996 for the total sum of K3,523.00. There was a valid contract between the parties and work was carried by the Plaintiff on the strength of that contract except that the Defendant failed to come good with its part of the contract.

The action is undefended. The evidence on behalf of the Plaintiff was given by Mr Joe Andrias, the proprietor of the Plaintiff Co.

This evidence is uncontradicted as the matter is not contested. Various documents tendered in Court by the Plaintiff prove that there was never any question about the Defendant’s liability to pay. The only problem was that the Defendant was facing cash-flow problems and it kept deferring 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 other contracts and even missing out on some. The Plaintiff company 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 today’s value of the falling 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. Inconvenience, frustration & hardship - K1,000.00

3. Interest at 8% from the date of the Writ ie, 11th March 1998 - K482.00

4. Costs to the Plaintiff

Lawyer for the Plaintiff: Acanufa & Associates

Lawyer for the Defendant: Nosohuno Teninge