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Car dealer to pay $1m to transport firm over truck
Published: 30 Jul 2010
A master of the High Court has ordered a car dealer to pay just over $1 million in damages and cost to a Tobago-based company.
Master Patricia Sobion, presiding in the San Fernando High Court, ordered West Coast Automotive Ltd, of Cocorite, to pay Phoenix Transport and Company Ltd. The matter followed a lawsuit filed by the transport company for breach of contract. Sobion ordered the Trinidad-based firm to pay $283, 584.58 in special damages, $657,000 in general damages and $62,726 in legal costs. Phoenix filed the lawsuit after West Coast failed to deliver an eight-tonne Mitsubishi Drop Down truck, 1997/1998 model, as agreed between the two companies. James Caterson, of Phoenix, indicated in his statement that the company entered into a written agreement with West Coast on March 9, 2007 for delivery of the truck within ten weeks.
In accordance with the agreement with Phoenix, Caterson said he paid $240,000 on March 9, 2007. The company, he said, failed to deliver the truck within the time period agreed to in the contract. He said the company was financing the purchase of the vehicle through a loan with Scotiabank Ltd with a monthly installment of $11,273.40. Caterson said West Coast accepted liability for breach of contract and paid $11,000 and $10,000 towards Phoenix’s loan in October and November 2007. However, he said, no further payments were made. Later that year West Coast contacted Phoenix stating that another vehicle had been imported using the import licence obtained by Phoenix.
The vehicle was a 2001 model of the truck they were contracted to deliver. Phoenix agreed to take the vehicle. However, West Coast failed to deliver the truck which remained at the port. Phoenix paid “in good faith” demurrage and cargo-handling fees to clear the vehicle for West Coast to deliver but the company did not hand over possession, Caterson said. He said because of the breach of contract the company suffered loss and underwent great distress and inconvenience. Attorneys Cindy Bhagwandeen, Marissa Ramsoondar and Kent Samlal represented Phoenix.
Its about time someone took
Its about time someone took West Coast Automotive to task for their poor business behavior. I myself had dealings with them a few years ago (2004) when I made a down payment on a car from them which was never delivered within the agreed time.When I requested a refund, I was issued two checks for the amount i initially paid only to have them bounce the very same day. I reported them to the Diego Police Station, Fraud Squad, and Consumer Protection Services only to be told by the officers that other people have had similar experiences with them. All they could do was talk to the owner who assured them that he would repay the money which he did after several weeks of pleading.
That being the case how was he allowed to continue his business?
Pity at the time I couldn't afford a lawyer.
Note: I still have the two bounced checks which i kept as a reminder of how to deal with smartmen like the proprieter of West Coast Automotive. Kudos to Phoenix.