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Ioane v Ioteba [2004] KIHC 42; Civil Case 08 of 2003 (6 March 2004)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT KIRITIMATI
REPUBLIC OF KIRIBATI

Civil Case 8 of 2003

Between:

BAUA IOANE
Plaintiff

And:

TEKABAIA IOTEBA T/A AVETEBA
Defendant

For the Plaintiff: Ms Taoing Taoaba
For the Defendant: Ms Jacqueline Huston

Date of Hearing: 6 March 2004

JUDGMENT ON PRELIMINARY POINT
(Ex Tempore)

Ms Huston has amended the defence to plead that the plaintiff has not complied with section 15(1) of the Workmen's Compensation Ordinance. I have heard evidence and argument on this as a preliminary point.

The plaintiff gave evidence that within a few days, less than a week, of her husband's tragic death on 21^st February 2000, she consulted Ms Joanne Fleer, the People's Lawyer who was on Kiritimati at the time. She instructed Ms Fleer to claim compensation. Ms Fleer wrote a letter to the defendant on 20^th July 2000 giving notice of claim and threatening proceedings. That letter is Exhibit P1.

For some time, probably into 2001, the plaintiff and her mother kept in touch with the People's Lawyer's Office. The plaintiff, though, left it, as was natural, to the People's Lawyer to look after her interests. One could not expect a young lady on Kiritimati to do anything else than leave the matter to her lawyer. Finally, Ms Taoaba issued a writ on 8^th January 2003. The matter must have languished in the People's Lawyer's Office until then. It was no fault of the plaintiff. She has brought herself within the second proviso to section 15(1) of the Ordinance: the failure to make an application was occasioned either by mistake or other reasonable cause. The plaintiff is entitled to maintain these proceedings.

Dated the 6^th March 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice