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MOEL Trading Co Ltd v Kiribati Ports Authority - Order [2007] KIHC 44; Civil Case 58 of 2006 (22 January 2007)

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

High Court Civil Case 58 of 2006

Between:

MOEL TRADING CO. LTD
Applicant

And:

KIRIBATI PORTS AUTHORITY
Respondent

For the Applicant: Ms Berenike Iuta
For the Respondent: Mr Birimaka Tekanene

Dates of Hearing: 16 & 17 January 2007

ORDER

After hearing counsel and they having checked the calculations Ms Iuta made the total claim $49,880.00. Mr Tekanene submitted that sometimes – on sale says – MOEL drops the price, sells the cartons at a discount. To meet Mr Tekanene’s argument I assess the amount of damages at $49,000.00.

There will be judgment for the plaintiff for $49,000.00 with interest calculated at 5% from the date of issue of Writ – 15 August 2002, $1,020, a total of $50,020.00: costs to be taxed.

Dated the 22nd day of January 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice