Bairiki Holdings Ltd v Lieven - Memorandum [2010] KIHC 25; Civil Case 40 of 2009 (18 February 2010)

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

High Court Civil Case 40 of 2009

BETWEEN:

BAIRIKI HOLDINGS LTD
PLAINTIFF

AND:

N. TAEANG LIEVEN
DEFENDANT

For the Plaintiff: Mr Banuera Berina
For the Defendant: Ms Taoing Taoaba

Date of Hearing: 18 February 2010

MEMORANDUM

The original claim was for the return of a vehicle in the defendant’s possession as it was claimed to belong to the plaintiff. The plaintiff, after discovery of documents, withdraws the claim and judgment is entered for the defendant.

The defendant counterclaimed for moneys said to be due to her under the terms of the will of the late Norman Lieven and which, it is alleged, have been withheld since 2004. Mr Berina has explained that there is a trustee of the will, living in Australia. He and not Bairiki Holdings has the discretion to make or with hold payments. He should be a party to any claim by N. Taeang Lieven.

Ms Taoaba concedes that this is so.

I suggested that the best way to proceed is for this action to be abandoned and for N. Taeang to take fresh proceedings naming both the trustee and Bairiki Holdings as defendants. Mr Berina undertakes to seek instructions to accept service on behalf of the trustee.

The parties agree and Ms Taoaba withdraws the counterclaim. That leaves for consideration only the order of 23 March seizing the vehicle TUC 7892. Ms Taoaba having taken instructions, her client will not pursue a claim for damages arising out of the seizure of the vehicle.

The Order may be withdrawn.

THE HON ROBIN MILLHOUSE QC
Chief Justice