Moraven’s appeal fails

In a late night ruling at the Hall of Justice on August 22, Justice David Myers dismissed an in-chamber appeal filed by MOVL on August 18, and ordered that MOVL pay KPA Services Limited one-third the costs of the appeal, minus costs of the hearing on August 22. MOVL was granted leave to appeal the issue of cost. The judge had heard arguments by attorneys for both companies in-chambers on August 21 and 22. MOVL had requested a 14-day stay of execution pending the outcome of the appeal of an order given by Justice Myers on August 16.

In that order, the judge had set aside a judgment given against KPA on July 29, 2004 in default of defence, in which a reported US$798,000 was owed to MOVL by KPA. The order had also granted KPA leave to defend the action and gave the company an October 3 deadline to file and serve its defence. Attorneys Justin Phelps and Nicole de Verteuil-Milne represented KPA, while attorneys Avory Sinanan SC and Andrew Goddard appeared for MOVL.