T&L International Ltd v The Ship Miss Mataroa [2003] CKHC 37 (21 November 2003)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CIVIL DIVISION)

PLAINT NO 22/2002

BETWEEN

T & L INTERNATIONAL LIMITED
Plaintiff

AND

THE SHIP MISS MATAROA
Defendant

Counsel:	Mr Arnold for Plaintiff
	Ms McCarthy for Defendant

MINUTE AND DIRECTIONS OF DAVID WILLIAMS J

This matter was called before me during the November sessions of the High Court. The Court and both parties were anxious to see the matter progress and be brought to Conclusion because it has been "in the system" for some time. The file was noted as follows,

1. The accountant needs to apply for GST refunds. On 16 October documents were requested on the accounting side and as a result matters are moving forward. No orders are sought.
2. The defendant needs to advise urgently whether it wishes to proceed with its counterclaim. Counsel for the defendant said that the defendant is away for three months and she is having difficulty in obtaining instructions.
3. On the assumption that the counterclaim is to proceed the Court hereby directs that the following further particulars be provided as to paragraph 16 of the counterclaim:
   • (a) Who gave instructions on behalf of the defendant?
   • (b) Who received instructions on behalf of the plaintiff?
   • (c) What were the dates of the instructions and were they oral or written? If in writing identify the relevant documents and specify exactly the terms of the instructions.
4. Such particulars are to be provided within 21 days and there is to be an amended statement of defence to the counterclaim within 21 days thereafter.

David Williams J

21 November 2003