Superior Court Judge Juan T. Lizama has allowed a Vanuatu corporation to maintain its lawsuit against the operator of Tinian Dynasty Hotel and Casino for non-payment of management services worth more than $1.3 million.<\/p>\n
Lizama said the statutory language of 4 CMC 4642(a) does not require Pacific Management Limited’s action be dismissed on the grounds that it did not possess a certification when it instituted the civil action back in Aug. 28, 1998.<\/p>\n
Hongkong Entertainment (Overseas) Investments Ltd., through its lawyer G. Anthony Long, requested the court to dismiss PML’s complaint because it did not have a certificate of authority to transact business as a foreign corporation in the CNMI.<\/p>\n
But the court said PML was only prohibited from continuing or “maintaining” its action until it obtained the requisite certificate of authority from the Registrar of Corporations.<\/p>\n
PML obtained the certificate of authority in Oct. 22, 1998 and may now “maintain” the present action against HKE, the court said.<\/p>\n
In May 1996, PML entered into a management contract with HKE to provide casino management services for the Tinian Casino Hotel.<\/p>\n
The Tinian Casino Gaming Control Commission approved the agreement and PML as the casino management company.<\/p>\n
Subsequently, HKE requested that PML create a local corporation to perform the casino management services and assign the management agreement responsibilities to the new NMI corporation.<\/p>\n
In the early part of 1997, PML and HKE requested Long to form an NMI corporation that could take over PML’s management responsibilities under the management agreement.<\/p>\n
As such, International Casino Management Ltd. was incorporated pursuant to the NMI laws.<\/p>\n
PML and HKE learned after ICM’s incorporation that neither the casino license held by HKE nor the management agreement could be transferred or assigned.<\/p>\n
Accordingly, PML and HKE canceled their attempt to have ICM perform pursuant to the management agreement. PML then assigned the right to receive income from its management services to ICM.<\/p>\n
In yesterday’s order, Lizama also denied PML’s motion to strike HKE’s reply to PML’s opposition to the motion to dismiss and PML’s motion for Rule 11 sanction against HKE.<\/p>\n","protected":false},"excerpt":{"rendered":"
Superior Court Judge Juan T. Lizama has allowed a Vanuatu corporation to maintain its lawsuit against the operator of Tinian Dynasty Hotel and Casino for non-payment of management services worth more than $1.3 million.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-45335","post","type-post","status-publish","format-standard","hentry","category-local-news"],"_links":{"self":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/45335","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/comments?post=45335"}],"version-history":[{"count":0,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/posts\/45335\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/media?parent=45335"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/categories?post=45335"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.saipantribune.com\/index.php\/wp-json\/wp\/v2\/tags?post=45335"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}