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Feka Builders & D Contractors Ltd v Bal [2012] PGNC 208; N4797 (12 September 2012)

N4797

PAPUA NEW GUINEA
[IN THE NATIONAL COURT OF JUSTICE]

WS. NO. 1073 OF 2009

FEKA BUILDERS &D CONTRACTORS LIMITED
Plaintiff

AND

LYN BAL
First Defendant

AND

WELMA BAL
Second Defendant

Goroka: Ipang AJ
2012: 12 September

CIVIL LAW – Trial on assessment of damages – Damages assessed on the Plaintiff's claim of K45, 000.00 and the scope of work carried out.

Cases Cited
Nil

Counsel

Mr. D.Umba, for the Plaintiff

DECISION

12, September, 2012

1. IPANG AJ: This is the trial on assessment of damages. On the 15th of October, 2010 default judgment was entered against the defendants. On the 3rd September, 2012 the matter came before this Court and the matter was listed for trial on assessment on damages today 12th September, 2012. Mr. D.Umba of Counsel for the plaintiff was ordered to file and serve documents on the defendants.

2. There are two affidavits of service. Both Affidavits of Service were filed by Dameine Bebe Singere. One was filed on the 30th July, 2012 and the other was filed on 11th of September, 2012. First affidavit deposed of the service of Kum Feka's affidavit on the defendants and the Second affidavit deposed of Notice of Appointment of Hearing on the defendants. The date of hearing is Wednesday 12th September, 2012 and the time appointed was 9:30am.
   
3. When the matter was called only plaintiff and his Counsel Mr. Umba were present and defendants made no appearances. Mr. Umba for the plaintiff applies to proceed ex parte. Court grants the application and the matter preceded ex parte.
   
4. Plaintiff called only one witness namely Kum Feka. Kum Feka has filed his affidavit before this Court. The affidavit is sworn on the 30th May, 2012 and filed on the 4th of June, 2012.
   
5. The plaintiff is based in Goroka, Eastern Highlands Province and is in the business of building and construction of houses. In 2006, Defendants engaged the services of the Plaintiff to build a house for them at Premier Hill at Kundiawa, Simbu Province. Plaintiff and the Defendants verbally agreed that the payment for the work will be made upon the house being completed. There was an agreement for the plaintiff to construct a house for the defendants. However, it is not certain as to whether the amount claimed was the amount agreed to by the parties.
   
6. In June, 2006, the Plaintiff commenced the construction work. Plaintiff worked for a period of 10 weeks and completed the house. Plaintiff then rendered an invoice marked as Exhibit P2 dated 7th April. 2009 for an amount of K45, 000.00. The said Invoice contained the following description, "Being for construction work on 3x Bedroom residence at Premier Hills as per Instruction by Late Joe Bal late 2006." Liability is not an issue as Default Judgment has already been entered.
   
   7. The breakdown of the amount are as follows:
      

Cupboards, Windows and Dressing tables

1. Wardrobes in bedrooms with shelves, clothes hinges, doors hinges and catchers.
   
2. Dressing tables with laminex top and drawer.
   

100. Wall mirrors in all bedrooms and shower room
     

4. Corridor cupboards
   

Veranda Steps and Roof over Veranda

1. Extension of veranda with 3x steel post, bearers and joints.
   
2. 75x75 timber post with 75x50 frames and 75x20 uprights on two sides.
   

100. 150x38 splayed covering at the bottom of upright on two sides.
     

4. 150x38 hand rails and rails on steps.
   
5. Steel steps with timber decking with bolts and nuts.
   
6. Steel upright with brackets and rails.
   
7. Roof timber structure over steps and veranda ceiling lining under roof of veranda.
   
8. 150x38 fascia board all around the roof.
   

Exterior Wall

1. Handiflex on the wall
   
2. Cover strips.
   

Paint Works 3x Coats

1. Exterior paint works to expose timber, cover strips, fascia boards, decking, rails and upright.
   
2. Interior painting throughout walls, ceiling, cupboards doors, spark filling, sanding and no more gaps.
   

Concrete Works

1. Foot path under the house with F62 mesh and visqueen
   
2. Laundry concrete works with F62 mesh and visqueen.
   

100. Concrete works to septic tank F62 mesh and visqueen all around the septic tank.
     

4. Step landing
   

Fencing works

1. Install one 3m gate
   
2. Install 15 fencing post with concreting
   

100. 4mm fencing wire.
     

4. Barb wires x3 rows
   
5. Fencing cyclone wire
   

Shower and Toilet

1. Install toilet pan, seat cover, cistern and stop cork.
2. Hand basin and taps and waste drainage pipes.

100. Concrete shower base.

4. Ceramic tiles on floor and wall
5. 4mm hardifles as underlay
6. Seratone sheets on shower walls with PVC moulds on joints.
7. Install tower rail, toilet roll holder, soap holder and curtain rods.
8. Shower combination fittings, shower rose and tap handles.
   

Floor Works

1. Flooring in living room
2. Decking on veranda

100. Flooring in kitchen

4. Floor sanding x2
5. 3x coat of vanishing
6. Install 4x steel post with bracing under the house.
   

Window Works

1. All the windows in bedrooms, kitchen, shower and living room
2. Flywire

100. All louvers frames

4. All louvers
5. Cover strips on windows
6. Architraves and quads
   

Door Works

1. Install door jambs
2. Architraves

100. 4x solid core doors with hinges and locks on the bedrooms and showers

4. Security grill door with dead lock hinges
5. Door stops.
   

8. In paragraph 8 of the Statement of Claim, the scope of work carried out by the Plaintiff were as follows:
   

Plumbing Works

1. Sewer pipe 100mm PVC pipes
2. Septic tank works and absorption pit works

100. Shower room, toilet pan and cistern, hand basin.

4. Kitchen sink, taps and handles, combination set
5. Laundry tub and plumbing works to it.
6. Install water tap under the house
7. Ridge capping and hip capping
8. 15mm PVC water pipe lining
9. 15mm copper tube water pipes with finger
   

Ceiling Works

1. Complete ceiling structure
2. Ceiling lining

100. Quads

4. Complete interior walls and partitions
5. Living room exterior walls on two sides
6. Wall linings through out
7. Quads architraves and skirting
   

Electrical Works

1. Brought all the wirings for GPO, light wire and switch wire.
2. Wall brackets

100. Lights fittings

4. GPO double and single
5. Metre box
6. Earth wire and earth stake, 10mm main wire and junction box entry box.
7. Brackets
   

Laundry

1. Partition wall with hardiflex
2. Ceramic tiles

100. Double laundry tub with steel bracket stand

4. Waste and drainage
5. Laundry combination with taps and handles and swivel arm spout
6. Installation of 1 tap.
   

Machinery Used

1. Big generator used throughout duration of works with our own diesel
2. Big bench rip saw

100. Big concrete mixer used for all concrete works with diesel

4. 2x trucks used full time, trip to Lae, Goroka and back to transport materials.
5. welding machines, grinders, power circular saw and drills
   

9. With the description on the scope of the work carried out by the Plaintiff and without any opposition from the defendants, I am of the view that the amount of K45, 000.00 claimed is fair and reasonable plus interests and costs. Costs to be agreed if not to be taxed.
   

__________________________________________

Lawyer for the Plaintiff: D. A. Umba Lawyers