Civil Aviation Authority v Coral Sun Airways [2011] KIHC 47; Civil Case 74 of 2010 (17 February 2011)

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

HIGH COURT CIVIL CASE 74 OF 2010

BETWEEN:

CIVIL AVIATION AUTHORITY
PLAINTIFF

AND:

CORAL SUN AIRWAYS
RESPONDENT

FOR PLAINTIFF: MONOO MWERETAKA
FOR RESPONDENT: BANUERA BERINA
Date of Hearing: 17 February 2011

JUDGMENT
Ex tempore

The application is about a stay against execution of the enforcement of a judgment entered on the 12 November 2010, a subsequent Order of 13 January 2011 and a Writ of Fieri Faciasa dated 19 January 2011. The amount involved is $340,000. Counsel for the plaintiff requested a stay pending the hearing of their appeal against these Judgments and Orders. Counsel for the Respondent argued that the applicant must show that injustice will be occasioned or that they will suffer injustice if a stay is not granted and the way to show this is by proving that the respondent, Coral Sun Airways Ltd would not have the means to pay back the money once the appeal is successful. I agree with this but because it involves a large sum of money, $340,000. I will grant a stay but on the condition that interest of 10% be imposed on the judgment figure and to run from the judgment date.

Tetiro M Semilota
Commissioner