Prestige Car Hire v Athanase (298 of 2003) [2004] SCSC 22 (29 July 2004)

Prestige Car Hire v Athanase (298 of 2003) [2004] SCSC 22 (29 July 2004)

The defendant, having failed to appear and contest the claim, is liable for the damages as per the hire agreement, and the plaintiff has proved its claim on a balance of probabilities.

Citation
[2004] SCSC 22
Parties
Plaintiff: Prestige Car Hire; Defendant: William Athanase
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 July 2004
Case Number
298 of 2003
Procedural Posture
Civil / Judgment After Ex Parte Hearing
Outcome
Judgment for the plaintiff
Legal Topics
Car Hire Agreement, Damages for Breach of Contract, Negligence Causing Property Damage
Source Language
English
Contract Law Tort Law Car Hire Agreement Damages for Breach of Contract Negligence Causing Property Damage

Case Brief

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Parties

Prestige Car Hire

Plaintiff

William Athanase

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

  1. 1 Whether the defendant is liable for damages to the hired vehicle under the hire agreement
  2. 2 Whether the plaintiff is entitled to recover the difference in value after the accident

Ratio Decidendi

The defendant, having failed to appear and contest the claim, is liable for the damages as per the hire agreement, and the plaintiff has proved its claim on a balance of probabilities.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay the plaintiff SR55,000.00 with costs