Landowners’ case dismissed over unclear statement

A COURT has dismissed a case by landowners disputing entitlements and benefits on the operation then closure of the Misima gold mine in Milne Bay because their claim was “ambiguous”.
National Court judge Justice Ere Kariko said the statement of claim by the landowners was not clear.
“After reading and re-reading the statement of claim, it is still not clear to me what the plaintiffs are exactly claiming.
“This is due largely to the verbose and convoluted pleadings,” Justice Kariko said.
“There are claims such as fraud and breach of statutory duties that lack proper particulars.
“The structure of the pleadings does not follow any logical order which make it difficult to make sense of it.
“The pleadings also do not disclose what specific cause of action is claimed against each of the defendants.
“The pleadings are, with respect, jumbled and messy, and in my view have a tendency to cause embarrassment and prejudice to the defendants, leaving them in uncertainty as to what it is exactly that each of them is to defend.”
He allowed the landowners to file an amended statement of claim by Aug 20 which “pleads causes of action based only on the facts giving rise to the claims the originating summons filed on Aug 14, 2014”.
He also allowed the landowners to file separate proceedings in respect of the new causes of action improperly added in the statement of claim filed on July 13, 2020.
The case was filed by landowners of the Special Mining Lease (SML) area in Misima represented by their associations including the Misima Towoho Siung Association Inc, Siung Association Inc, North Misima Corporation Society Ltd, and Magamega Association Inc.