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Development Bank of Kiribati v Tioti - Order [2008] KIHC 54; Civil Case 74 of 2005 (23 October 2008)

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

High Court Civil Case 74 of 2005

IN THE MATTER OF THE FOREIGN JUDGMENT
(RECIPROCAL ENFORCEMENT) ACT 1963

AND

IN THE MATTER OF A JUDGMENT OF THE KIRIBATI
HIGH COURT OBTAINED IN CIVIL ACTION 74 OF 2005.
DEVELOPMENT BANK OF KIRIBATI VERSUS NGAIA TIOTI

Between:

Development Bank of Kiribati
Applicant

And:

Ngaia Tioti
Respondent

For the Applicant: Ms Batitea Tekanito
Ex Parte Application

Date of Hearing: 23 October 2008

ORDER
(Ex Tempore)

Upon hearing the Representative of the Applicant it is now ordered that the judgment dated the 10th May 2006 of the High Court of Kiribati, whereby it was adjudged that the abovenamed Development Bank of Kiribati, a Statutory Corporation established under the Development Bank of Kiribati whose registered office is at Bairiki, Tarawa in Kiribati, do recover against the abovenamed Ngaia Tioti, who is now working as a pilot for the Marshall Air Lines in Majuro in the Marshall Islands, the sum of A$11,444.35 with interest on the remaining balance at 1 percent per month running from 10 May 2006 for debt and costs be registered as a judgment in the High Court of the Marshall Islands.

It is further ordered that the abovenamed Ngaia Tioti be at liberty to apply to set aside the said registration within 14 days after service upon her of notice of such registration or if she has grounds for so doing, and execution upon the said judgment will not issue until after the expiration of that period or any extension of that period granted by the court; or if an application be made to set aside the registration until such application has been disposed of.

THE HON ROBIN MILLHOUSE QC
Chief Justice