Dismissals based on evidence: Davani

National, Normal


THERE must be sufficient evidence before requesting the dismissal of trials, a National Court at Waigani was reminded on Tuesday by Justice Catherine Davani.
In responding to the request by a lawyer from Steeles Lawyers representing plaintiff Anton Wakun, in a case against Motor Vehicle Insurance Limited (MVIL); Justice Davani reminded the lawyer that once the trials were set, it could not be easily dismissed.
“It has become a practice with lawyers requesting for trials to be vacated on the set date.
“Trial dates are set conveniently with the registry, and when the date comes, lawyers always want to vacate,” Justice Davani said.
In proceeding to question the lawyer if he was familiar with the rules regarding vacation (dismissal), the lawyer made known to the court that he was not familiar with the rules.
Justice Davani, in accordance with Rule 13(1) of the Listings Rules 2005, said a trial date could only be vacated upon sufficient cause being shown.
Wakun was involved in a car accident in Mach 2001 in which the vehicle was insured by MVIL.
Sustaining injuries, he was hospitalised, and sought to claim damages he suffered, however, the vacation was requested after it was revealed that Mr Wakun, a villager could not afford costs of being in Port Moresby for the trial.
Justice Davani, therefore, made order for the trial to be transferred to Mt Hagen for continuation, with arrangements for the files to be sent there.
Meanwhile, a former employee of the National Housing Commission had taken court action against NHC on claim of “unlawful termination” the matter was filed in 2002.
It was adjourned to tomorrow to provide the time for the lawyer to file submissions; the decision is set for Dec 23.