Bond Ltd v David [2007] CKHC 3; PLAINT 09 of 2004 (13 April 2007)

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

PLAINT NO. 9/04

BETWEEN

THE BOND LIMITED T/AS THE
THE BOND LIQUOR STORE
A duly incorporated company having
its registered office at Rarotonga
Plaintiff

AND

RIMA DAVID T/AS MURI
OUTLET of Rarotonga, Business Owner
First Defendant

AND

SHIRLEY MAIREROA T/AS
MURI TRADING OUTLET of
Rarotonga, Business Owner
Second Defendant

AND

JUNIOR DAVID T/AS MURI
OUTLET of Rarotonga,
Business/Owner
Third Defendant

Mr Little for Plaintiff
Mr Hood for Defendant

MINUTE OF WILLIAMS CJ

[1] On the 13th April the Court issued an order for directions leading up to a hearing before Nicholson J on Thursday 24 May.

[2] Counsel for the Defendants filed an application dated 13 April applying for a Judicial Settlement Conference under Rule 126A before Justice Nicholson at the May sessions.

[3] Mr Little did not oppose such a Settlement Conference but was concerned about further delays.

[4] The matter has been on foot for a considerable time and I did not consider it sensible to require the directions to be complied with, before the Settlement Conference except for direction 3. The effort in complying with the directions would be wasted if the case settles.

[5] The orders of the Court today are therefore as follows:

(i) Defendants to file any Amendment Statement of Defence by Friday 20 April 2007.

(ii) The Settlement Conference be before Nicholson J at the May session. The Registrar shall allocate 3 hours for the Settlement Conference. At least 7 days before the Settlement Conference, both parties must file and exchange memoranda summarizing the nature of the claims and defence. These memoranda will be on a strictly "without prejudice" basis and confidential and the parties may if they wish make settlement proposals in the memorandum. The parties must annex to the memorandum the key documents on which they rely.

(iii) If the Settlement Conference does not succeed then the dates of the timetable will be amended so as to lead to trial of the matter before Paterson J in June or Weston J in September sittings. Nicholson J is respectfully asked to settle the timetable accordingly if no settlement is reached.

David Williams CJ
13 April 2007