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Civil matters call over – August 25

Monday 28 August 2023 | Written by Losirene Lacanivalu | Published in Court, National


Civil matters call over – August 25
Cook Islands court house. CI NEWS/22010510

A few Civil Court matters were called before the Chief Justice Patrick Keane at the High Court in Avarua on Friday.

The matter of Wilkie Rasmussen v Rio Teika and others has been adjourned to a call over to October 20.

Lawyer Lavi Rokika said the plaintiff had anticipated that they would be able to hear this application in the November session. However, this was disagreed by Crown Law.

Rokoika said they filed a joint memorandum on May 23.

They identified the issues to be resolved on a pre-trial timetable.

She said their position was that it is just a question of law.

She said as a way forward the plaintiff would like to have the matter heard in the November session.

However, Crown Law's senior prosecutor Georgina Rood said it was impossible that the matter would be ready for trial.

She said if the matter was to go for trial they would need to complete the disclosures, and exchange of witness affidavits.

She said the proposed timetable from the defendants was affidavits to be filed and served September 19.

In the matter of Eileen Story v Zane Penno, lawyer Tim Arnold said payments continued to be made by Mr Penno. The matter has been adjourned to October 20.

In the case of Ruth Pokura v Anner Herman and Attorney General – a breach of contract claim, plaintiff’s lawyer Rokoika said they wish to have the matter heard as soon as possible- looking at the November session.

CJ Keane said the November session was full. And they were looking at March at the earliest. A date is yet to be agreed.

The matter of land Holdings and Tera Simona has been adjourned to October 20.

And the case of Bluescope Lyasght (Fiji) Ltd v Puna John Vano has also been adjourned to October 20.