BUILDING contractor CMSS (PNG) Ltd which was involved in putting up structures
of a supposed five-star hotel and casino in Port Moresby, has applied in the Supreme Court to appeal a National Court decision that dismissed its claims for damage and loss against the State. The National Court has on August 7, dismissed the appellant’s claims, saying the section 5 Notice on Claims By and Against the State was not served on the State on time. Jerewai Lawyers argued for the appellant before a single judge Justice Stephen Kassman yesterday that the application for appeal should be allowed because the National Court only looked at the issue of casino licence and erred in not considering other competent grounds. "This is the essence of the appeal before this court," Jerewai Lawyers principal Alois Jerewai said. Mr Jerewai said the demolition notice issued by the NCDC building board to his client is without foundation and lacks independent engineering report. He further argued that CMSS was not given any opportunity to get independent building inspectors to do assessment on the building and prepare reports to match that of the NCDC building board. CMSSS claimed that it suffered damage and loss as a result of the NCDC building board’s notice to demolish the building structure following receipt of an executive summary report that the structure of the building failed to meet the requirements of the board. But the State and NCDC lawyers said there are no serious questions to be tried in relation to the appeal and that the appeal should be dismissed. They further submitted that the appellant’s claim entirely related to the demolition notice of the building and not on the breach of project agreement. According to clause two of the project agreement, the State was to give CMSS the casino, bar and restaurant licence before the construction of the five-star hotel commenced but the State did not do that. CMSS was engaged by the State and NCDC through a project agreement on March 22, 2007 to construct a five-star hotel, including a casino at Boroko in Port Moresby. Justice Kassman after hearing arguments from both parties, reserved his decision to Friday at 1.30pm. PNG Facts / Post Courier Comments are closed.
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