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Solomon v Secretary for Justice [2008] NRSC 4; Civil Action No 5 of 2006 (12 March 2008)

IN THE SUPREME COURT OF NAURU

CIVIL ACTION NO.: 5 /2006

BETWEEN:

MORGAN SOLOMON
PLAINTIFF

AND:

A/SECRETARY FOR JUSTICE
DEFENDANT

[Editor's note: Decision by Hon. Robin Millhouse, QC]
Mr. Pres Nimes Ekwona for the Plaintiff
Mr. Robert Kaierua for the Defendant

DECISION
(EX TEMPORE)

On 27th March 2007 I gave judgement for the Plaintiff with damages to be assessed.

On 29th March 2007 I made this note:-

"In the hope that Mr. Nimes and Mr. Kaierua can agree the calculations, adjourned to the next session."

There had been no agreement neither by the time of the next session in June nor by the time of the following session in December when I was told the parties were ready for the hearing of the assessment.

Near the beginning of this session, last Saturday 8th March 2008, I told Mr. Kaierua that I proposed to make the assessment during these sittings. By then Mr. Nimes had lodged his submission on damages. I have made it clear to Mr. Kaierua on successive sitting days that I proposed to accept Mr. Nimes’ calculations unless he brought evidence to rebut them: evidence presumably from the Secretary of Finance. By now, 3:00p.m on Wednesday 12th March 2008, Mr. Kaierua has offered no evidence but has continued to prevaricate. Finally he said he will leave it to the Court to decide.

Accordingly I accept Mr. Nimes’ calculations and give judgement for the plaintiff for $21, 696.00.

Dated this 12th day of March 2008