Telecom Cook Islands Ltd v Cook Islands Investment Corporation [2008] CKHC 21; Plaint 30.08 (6 October 2008)

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

PLAINT NO. 30/08

BETWEEN:

TELECOM COOK ISLANDS
LIMITED a duly incorporated
company having its registered
office in Rarotonga
Plaintiff

AND:

COOK ISLANDS INVESTMENT
CORPORATION a statutory
Corporation established by the
Cook Islands Investment
Corporation Act 1998
Defendant

AND:

ATTORNEY-GENERAL OF THE
COOK ISLANDS for and on behalf
of the COOK ISLANDS POLICE
DEPARTMENT
Third Party

Ms Tuitupou Arnold for Plaintiff
Mr Miles for Defendant
Mr Elikana for the Attorney General
Date: 6 October 2008

DECISION OF WESTON J

1. I have before me an application brought by the defendant Cook Islands Investment Corporation seeking leave to serve a Third Party notice against the Attorney General for and on behalf of the Cook Islands Department of Police. That application was filed on the 20th of September. A Third Party Notice was filed with it together with an affidavit of Mr Strickland.

2. The Police filed an objection on the 3rd of October together with three affidavits. Included within those affidavits was one from Patricia Barton. I have checked with counsel for the Plaintiff who confirms that the agent referred to in paragraph 4 of the Statement of Claim is Ms Barton. Mrs Tuitupou-Arnold has also confirmed to me that the Plaintiff has decided to sue the Cook Islands Investment Corporation and that entity alone. It has decided that it does not wish to proceed directly against the Police.
   

3. I believe that the application to issue the Third Party Notice is misconceived because the contract claim against the defendant will either succeed or fail. It is not a case where the Cook Islands Investment Corporation has some independent cause of action against the Police.

4. Equally, it is not a case where the Cook Islands Investment Corporation and the Police owe some joint or concurrent duties to Telecom. This is a contract claim, not a claim in tort where such contribution might be feasible.

5. In all the circumstances as set out, I reject the application. There need be no order as to cost and I accordingly do not order costs against the Cook Islands Investment Corporation.

Weston J

Editorial Note: Derived from the Court's electronic records and believed to be correct and final.