Bank of the Cook Islands Holdings Corporation v Taira [2010] CKHC 32; Application 504 of 2010 (12 October 2010)

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

APPLICATION NO. 504/2010
LAND NO: 678/2008

IN THE MATTER Section 646 of the Cook Islands Act 1915

AND Section 28(1), (2), (3) and (4) of the Bank of the Cook Islands Act 2003

BETWEEN

THE BANK OF THE COOK ISLANDS HOLDINGS CORPORATION
Applicant

BY TEUIRA TAIRA
Respondent

Hearing: 12 October 2010

Appearances: C Little for Applicant
Teuira Taira, appearing in person

JUDGMENT OF P SAVAGE J

Counsel:

C Little, Little & Matysik PC, Maraerenga, Avarua, Rarotonga

[1] Mr Little appears for the applicant. Mrs Taira appears to oppose.

[2] It is clear that over many years, probably more than five, there has been a continual default in payments. The matter has been the subject of repeated litigation and, indeed, had to be dealt with by way of amending legislation. Mrs Taira is not to be blamed for the course of the litigation in total, or perhaps even at all, and I put it immediately to one side.

[3] The fact is that the Bank has a mortgage and is entitled to be paid on a regular basis. Mrs Taira now concedes that there is $1,610 in arrears as at 30 September 2010.

[4] In view of the history of the matter and her assurance to me that she can pay within two weeks, I intend to deal with the matter on this basis. The application is granted in its terms for enforcement and the appointment of a receiver. But the Order is not to be sealed except on receipt by the Registrar of an affidavit from a senior officer of the Bank to the effect that the arrears have not been met in full, together with all the payments due, for the weeks between the 30th of September and the last day in October.

[5] That Order is not to be sealed under any circumstances before the last day in October.

P Savage J