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Lease matter needs to be resolved

Thursday 31 August 2023 | Written by Losirene Lacanivalu | Published in


Lease matter needs to be resolved

Chief Justice Patrick Keane says that a lease matter between Barbara Dobson and Mary Kairua needs to be resolved.

CJ Keane at the High Court in Avarua, through an online Zoom session, said the matter was at a point where there needed to be a finality.

He informed lawyer Tim Arnold who represented the plaintiff and lawyer Lavi Rokoika who represented Kairua that the matter needed to be resolved.

And if not resolved, then lawyer Arnold could take the next steps and file a memorandum.

He said the time given to resolve things shouldn't be taken for granted.

Arnold had informed the court that his instructions from his client Dobson were to allow Kairua a period of months either to sell the lease and account to Dobson the money she was owed.

Or alternatively, to transfer the lease to another family member- the daughter of Kairua’s brother.

He said everyone in relation to the case was related.

The amount for the sale in this lease matter, the arrangement for the sale and purchase of the lease was $50,000.

Arnold said his client and Kairua agreed that the turning sum was $51,600.

He said that interestingly, his client had indicated that in those circumstances, she would accept that transfer into the name as being a full and final settlement of the claim.

However, neither of those things has happened.

Arnold said Kairua had indicated that she wished the lease to pass to her son who would be making payment.

He said his client Dobson wanted to ask for a further week and he (Arnold) assured his client that his instructions did not change and that she does not need to ask for that extra week.

He said that in September he would be asking that judgment be entered.

“My client waited a very long time to get on with this. And so the position is that what I would like to ask this morning is that I have leave to seek to have judgment entered in terms of the confession that was signed as long ago as the October 12, 2022.”

Arnold said the promise Kairua made is very simple, to complete making full payments of that son no later than October 2021. He said there was however failure to do so.

He indicated that there was a solicitor's cost, namely lawyer Keykore Ahsin that would be advised at the date of judgment.

The matter would be called in October.