United Marine Products Ltd v Angatiri [2006] KICA 6; Civil Appeal 07 of 2006 (26 July 2006)

IN THE KIRIBATI COURT OF APPEAL
CIVIL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Civil Appeal 7of 2006

BETWEEN

UNITED MARINE PRODUCTS LTD
Appellant

AND

TONAA ANGATIRI
Respondent

Before: Hardie Boys JA
Tompkins JA
Fisher JA

Counsel: Taoing Taoaba for appellant
Fleur Hamilton for respondent

Date of Hearing: 26 July 2006
Date of Judgment: 26 July 2006

MEMORANDUM

1. The final judgment of the High Court in this compensation case was delivered on 12 May 2006. Notice of appeal was filed in time on 9 June but has not even yet been served. No application for an extension of time has been made. The requirements of rule 17 as to costs and security have not been met, and no application for a dispensation has been made. An application for stay of execution has been lodged in the High Court but has not yet been dealt with.

2. The appellant has applied for an adjournment to the sitting of the Court next year. Counsel from Fiji has been instructed, and there has been inadequate time for preparation.

3. Ms Hamilton opposed an adjournment. Of prime concern to her was that her client, whose husband met his death while working for the appellant, has no means of livelihood until she can receive some compensation.

4. After some discussion between the Court and counsel, the following agreement was reached:

a. The appellant will immediately unconditionally pay the respondent the sum of $5,000.

b. The application for stay of execution will be withdrawn.

c. The appeal is adjourned to the next sitting.

d. Questions of delay and non-compliance will be dealt with then.

5. The fact that we have adjourned the proceedings is not to be taken as any acceptance that there are presently any valid proceedings before the Court.

Hardie Boys JA
Tompkins JA
Fisher JA