O’Neill’s bid to stay proceeding filed by Kramer dismissed

By KARO JESSE
AN application filed by former Prime Minister Peter O’Neill seeking temporary stay of a proceeding filed by Police Minister Bryan Kramer was dismissed by the Supreme Court yesterday.
O’Neill filed the application on May 25, seeking stay over the proceeding, particularly the leave application seeking review of orders made against Kramer on March 5 by Deputy Chief Justice Ambeng Kandakasi.
Justice Kandakasi on that date restrained Kramer from involving in police operations, including receiving direct complaints against police from the public.
O’Neill’s lawyer Desmond Kipa submitted that the proceedings should be stayed because Kramer was yet to pay the cost of previous proceedings regarding the same matter in which leave application for judicial review by Kramer was dismissed and cost awarded to him.
Kipa was trying to invoke the Supreme Court using a relevant provision found in National Court Rule Order 12, which gives discretion to court for dismissal of proceedings and orders for party to pay costs.
However, Justice Cannings found that the practice was unusual.
He upheld submission from Kramer’s lawyer that he (Kramer) still had seven days from now to object the decision on costs.
Cannings told the court that despite the cost of May 1, proceedings in which Kramer’s leave application was dismissed, the relevant consideration was that there were no fixed terms or certified tax of the costs.
In order words, Cannings was explaining that process of taxing was yet to start regarding the matter dismissed earlier.
The matter returns to court today.