Court refuses former managing director’s stay application

By ZEDAIAH KANAU
THE Waigani National Court has refused former National Development Bank (NDB) managing director Moses Liu’s application to stay the National Executive Council (NEC) decision to terminate his appointment.
Justice Nicholas Miviri, in dismissing the application, said the court found no arguable basis to stay the decision to terminate him because his contract had lapsed.
Justice Miviri said that Liu was only serving in the position because of clause 19.1 of his contract of employment that allowed him to do so until a new MD was appointed.
Liu sought the stay pending the hearing and determination of a judicial review proceeding on the matter.
Liu was employed by a contract of employment entered on Aug 19, 2014 until Aug 19, 2018 as the MD of NDB. Justice Miviri said Liu was granted leave (for judicial review) on the basis that clause 19.1 of the contract of employment provided for its continuance.
NDB and its board of directors argued that the NEC was in the process of appointing a permanent MD. After assessing the evidence, Justice Miviri found that the balance would not be in Liu’s favour to preserve by the restraint in a stay.
“The effect of this evidence is that clause 18, in particular 18.2, comes into play,” Justice Miviri said.
“The board has considered that the plaintiff’s (Liu) appointment be terminated.”