Court grants orders to withdraw NHC case

The Waigani National Court yesterday granted orders to withdraw a matter regarding a dispute over the managing director’s position for the National Housing Corporation (NHC).
Justice Les Gavara-Nanu, pictured, granted the orders after it found that it could not charge the defendants for contempt of court because the plaintiff’s term to occupy the office had expired.
The plaintiff was NHC’s former managing director Ditha Nayabanung, Minister for Housing and Urbanisation John Kaupa the first defendant and current managing director Kenneth Cooke the second defendant.
Nayabaung’s lawyer Stanis Japson told the court that since the plaintiff’s time had expired, he had decided to withdraw the proceedings based on mutual understanding reached between him and the defendants.
The proceeding was a contempt hearing where the plaintiff had argued about being terminated as the NHC managing director by the first defendant without informing him, then arranged for the position to be taken over by the second defendant last year.
Gavara-Nanu told the court that it had the power to lay charges on the defendants on grounds they had breached orders to reinstate the plaintiff on Oct 26. However, the court could not because the plaintiff’s term in office had expired while the proceeding was still before the court.
Gavara-Nanu was of the view that the plaintiff had satisfied claims and ordered that each party pay its own cost.