Hong Kai Kwong v Kiribati Housing Corporation [2024] KIHC 33; Civil Case 39 of 2022 (17 September 2024)

IN THE HIGH COURT OF KIRIBATI

MISAPP 2024-03381 arising from
HIGH COURT CIVIL CASE 39 OF 2022

BETWEEN: HONG KAI KWONG
Applicant

AND: KIRIBATI HOUSING CORPORATION

Respondent

Date of Hearing: 22 AUGUST 2024
Date of Judgment: 17 SEPTEMBER 2024

Appearances: Ms Taaira Timeon for the Applicant

Ms Kabweea Itintaake for the Respondent

R U L I N G

The applicant applied to re-open his substantive application since the court has not decided on the issue. The Respondent opposed this application because the matters raised in HCCC 39/22 were dealt with and settled in the other case between the same parties in HCCR 17/2000.

For background information, the High Court issued an order on paper on 15 February 2023 to close the case file as there were no pending matters before the court.

Counsel for the Applicant submits that although the Applicant had received payments from the respondent, the remaining matter is their claim for unpaid salary from the date of termination until the date of the judgment.

After reviewing the case file, I found that there was a default judgment issued on 16 January 2023 for the following payments to the plaintiff;

-AUD $13, 517.60

-AUD $5000 for general damages

-AUD $500 for costs.

Seeing that the default judgment had been issued and no other application was pending before the court, the Order on Paper for the case file to be closed and put away was signed on 15 February 2023. The only matter left was the enforcement, which could be settled between parties outside the court or through other means. That was why the case was closed.

However, the case was re-opened on 20 June 2023. This was when Counsel Kabure for the respondent/defendant filed a miscellaneous application, MisApp 13 of 2023, to have the default judgment set aside. This application was approved on 20 June 2023.

Therefore, the plaintiff does not need to apply for the case to be reopened, as it was opened when the default judgment was set aside. Since 20 June 2023, both parties are expected to progress this case following the Rules.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Chief Justice