By JULIA DAIA BORE
DEPUTY Chief Justice Gibbs Salika has refused to grant orders sought in a notice of motion regarding a lease agreement between Credit Corporation and Independent Group Ltd.
Justice Salika ruled that the matter should go before a trial judge because the terms of the contract agreement were in dispute and both parties were not prepared to assist each other and the court during the notice of motion hearing.
He told the two parties to have the matter go to a proper hearing.
“From all the evidence before me, there appears to be a dispute as to what were the exact terms of the agreement, or arrangement.”
Justice Salika said that both parties were not prepared to give in or make concession.
“The terms of the agreement are the dispute.
“The immediate issue then, in my view, is what were the exact terms of the agreement?
“The issue goes to the heart of the entire proceedings.
“Can this issue be dealt with by way of a notice of motion? I do not think so.
“I think this issue should go to trial and be properly determined there.”
Justice Salika also said that the “evidence must be properly adduced to determine this crucial issue at stake in this matter”.
The matter involved an agreement between Credit Corporation and Independent Group Ltd, which traded as Vichy No 29 Pty Ltd.
On Jan 29, 1997, Credit Corp, as lessor, and Vichy No.29 signed a lease agreement, but shortly afterwards Vichy became known as Kwik Print Pty Ltd.
The court heard the dispute between the two parties arose from the required payments to be made in the late 1990s.