Kan Pacific Saipan, which had sued IPI for breach of contract, has asked the Superior Court to dismiss its complaint against the casino operator.
Northern Mariana Islands.- Kan Pacific Saipan Ltd’s complaint against IPI has been dismissed without prejudice by the Court Associate Judge Wesley Bogdan.
Kan Pacific had sued IPI for breach of contract. However, the casino operator asked the court to dismiss the case because Kan Pacific failed to join an indispensable party, the CNMI Department of Public Lands (DPL).
IPI argued that the Department of Public Lands is a third-party beneficiary to the contract in dispute and that DPL was indispensable to resolving the suit because it had additional facts and evidence needed to fully determine any liability.
According to Marianas Variety, IPI couldn’t obtain the new lease with DPL due to its inability to meet the requirements imposed by DPL.
After making three annual payments to Kan Pacific, IPI did not make the payment in 2020, leading to the present lawsuit.
A few weeks ago, Chief Judge Ramona V. Manglona approved a new auction of IPI assets to settle debts of over $5m from two lawsuits.
The Commonwealth Casino Commission has ordered the suspension of Imperial Pacific International’s gaming licence until the company meets the required payments.