Development Bank of Kiribati v Schutz [2010] KIHC 19; Civil Case 81 of 2009 (8 February 2010)

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

High Court Civil Case 81 of 2009

BETWEEN:

DEVELOPMENT BANK OF KIRIBATI
PLAINTIFF

AND:

HENRY SCHUTZ FOR HIMSELF AND FOR
MAREWEN TUARABU GROUP
MAERERE BAITEKE
DEFENDANTS

For the Plaintiff: Ms Batitea Tekanito
For the Defendants: Ms Maere Kirata

Date of Hearing: 8 February 2010

JUDGMENT
(Ex Tempore)

After I directed that the notional date for the sale of the vehicle should be taken as April 2006 and interest calculated on that basis counsel agreed the total at $6,760.64. Ms Kirata then argued that $695.00 should be deducted as this was an amount in costs in another matter in which the DBK had appealed, unsuccessfully, to the Court of Appeal. Ms Tekanito argued that these were costs incurred in an action related to the present claim. I rejected the argument and shall deduct $695.00 making a final total of $6,065.64.

Judgment for the plaintiff for $6,065.64.

THE HON ROBIN MILLHOUSE QC
Chief Justice