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Kiribati Port Authority v Central Pacific Producers Ltd [2011] KIHC 6; High Court Civil Case 56 of 2010 (18 January 2011)

In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

High Court Civil Case 56 of 2010

Between:

Kiribati Port Authority
Plaintiff

And:

Central Pacific Producers Limited
Defendant

For the Plaintiff: Ms Kiata Kabure
For the Defendant: Ms Botika Maitinnara

Date of Hearing: 18 January 2011

JUDGMENT
(Ex Tempore)

In this case on 11 November 2010 I entered judgment by consent for the plaintiff for $291,407.70 including interest and costs.

The defendant has now applied to have the judgment set aside on the ground that mistakes were made when calculating the amount owing to the plaintiff. Ms Kabure for the plaintiff has opposed setting aside the judgment.

I could only set aside the judgment if it had been by consent. There has been no consent. The application is refused.

The only course of action open to the defendant is to lodge an appeal to the Court of Appeal.

I regarded myself as part heard: otherwise I would not have jurisdiction to hear this application.

THE HON ROBIN MILLHOUSE QC
Chief Justice