By JULIA DAIA BORE
PRESIDENT of the PNG Law Society, Kerenga Kua, was blasted yesterday by Justice Bernard Sakora in the case involving Yama Security Services (YSS) and Motor Vehicle Insurance Limited (MVIL).
Justice Sakora told him before a packed courtroom that he (Kua) was – for the second time – “being disrespectful of the court” by appearing before the court in a matter that was an ex parte application.
He told Mr Kua he and his client had no standing in the case.
The judge’s comments followed soon after Mr Kua rose and introduced himself after counsel of parties in the proceeding YSS and MVIL presented themselves.
Mr Kua said he was present to represent the government debtor.
Justice Sakora, however, intervened, telling Mr Kua: “And how did you manage to do that?”
To which Mr Kua replied: “We (he on behalf of MVIL) have applied to stay that order.”
Justice Sakora was not impressed, telling Mr Kua “you are the president of the PNG Law Society and should know the law” in reference to ex parte applications.
The judge had last Thursday grant leave to YSS to garnishee MVIL accounts held at the Bank South Pacific.
The matter yesterday was for garnishee notice absolute to be heard before Justice Sakora.
A garnishee notice absolute is the final court hearing before it orders for the money to be paid direct from the bank account.
However, that did not happen yesterday because the new counsel representing BSP, Australian barrister Greg Egan, made his presentation in court yesterday; taking issue to the garnishee notice.
He told the court he had been asked to take over the representative counsel role for BSP only on Christmas Day (last Friday) and flew in from Australia yesterday.
He advised the court he supported Mr Kua and submitted to have both their objections in favour of his client (BSP) heard as a dispute trial. Justice Sakora allowed the matter to be argued in two weeks time from Jan 13.
In an affidavit filed by Mr Kua last week, he said MVIL had made payment of K7,617,301.32, but the payment was made via BSP account to the appointed debt collector with the Deloitte Komatsu Ltd.
However, this information still remains within the court files and Mr Kua had not been allowed to be heard as Justice Sakora had stressed that Mr Kua’s client had “no standing” being heard.
MVIL owes YSS K7,617,301.32 in damages for breach of contract.
MVIL had tried to fight off this damage claim, and had even gone to the Supreme Court but had failed.
Mr Yama believed that the latest moves were aimed at preventing him getting what was rightfully his company’s.