Kiribati Port Authority v Kiribati Shipping Services Ltd [2012] KIHC 30; Civil Case 66 of 2010 (20 July 2012)

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

BETWEEN:

KIRIBATI PORT AUTHORITY
APPLICANT

AND:

KIRIBATI SHIPPING SERVICES LTD
RESPONDENT

FOR APPLICANT: MONOO MWERETAKA
FOR RESPONDENT: TAOING TAOABA
Date of Hearing: 28 February 2012

JUDGMENT

This is a claim for cost by the applicant following the High Court judgment on 30 November 2010 whereby the Kiribati Shipping Services Ltd failed in its claim against the Kiribati Port Authority. As per such judgment the applicant, KPA is to have one half of the cost.

The applicant, KPA, is claiming a total cost of $4838.51 for three items, namely the Imprest ($2442.51), Airfare ((1477.00) and Transport ($919.00).

Item 1: Imprest - $2442.51

3 nights in Fiji- $342.51 is not disputed.

14 nights in Kiritimati- $150 per day x 14 days= $2100.00, disputed.

Counsel for the respondent argued that 14 nights in Kiritimati is too long for one case, one week is reasonable which should entitle them to $1050 (150 x 7 days) only. They also argued that the incidental allowance of $300 was not necessary.

I agree with the argument that 14 days for one case in unreasonable, one week is all they needed which entitled them to $1050. Regarding the $300.00 incidental allowance, if the applicant thinks that they are entitled to it then they should be allowed to have it, nothing is stopping them from claiming that. Therefore total cost for imprest is $342.51 + $1050 + $300 =$1692.51

Item 2: Airfare-$1477.00

Respondent argued that the airfare should be shared among the other clients of the Attorney General. When Counsel for the applicant was in Kiritimati, he also represented other clients before the High Court.

Applicant did not dispute this fact but still maintained their position that they is entitled to have this expense reimbursed. I agree with the applicant. They paid for their lawyer's airfare to attend the hearing on Kiritimati, the fact that the lawyer also represented other cases there was entirely up to the lawyer which would not affect the applicant's right to ask for this cost.

Item 3: Transport-$919.00

The applicant submitted that the $919 was for 15 days on Kiritimati. Respondent argued that applicant should only ask for 7 nights as a reasonable period for one case. Again I agree with this argument, therefore $919/ 15 days = $61.00 x 7 days = $428.

Therefore total cost is $3597.51. Breakdown is as follows:

Imprest	$1692.51
Airfare	$1477.00
Transport	$428.00

As per High Court Order dated 14 January 2011, applicant should get one half of the cost, that is, one half of $3597.51, which is $1798.80.80. Cost is ordered at $1798.80

Dated 20th July 2012.

...........................................
TETIRO M SEMILOTA
CHIEF REGISTRAR