Restraining order quashed

The National National

A RESTRAINING order taken by Manalos Aviation Ltd (MAL) to prevent two subsidiary companies of the Morobe government building a fence and blocking its access to its back gate was struck out by the Lae District Court on Tuesday because it did not have a valid cause of action.
Senior magistrate Pious Tapil ruled that:

  • the complainant did not have a valid cause of action;
  • the matter exceeded the monetary limit of the district court and therefore, should have been instigated in the National Court;
  • the complainant to pay legal cost to the defendant’s lawyer from Saulep Lawyers.

The complainant’s lawyer from Warner Shand Lawyers submitted in court to have the case adjourned to February but Tapil
said that there was no cause of action to extend the matter, therefore the matter could not be adjourned.