Justice Stephen Kassman, who listed the matter for hearing on Sept 26, said there is a possibility a member of the three-judge bench that ordered the re-count of ballot boxes on Sept 6 will not be available on that day.
Parties representing Don Polye, Alfred Luke Manase and Electoral Commissioner, appeared before Justice Kassman of the Supreme Court this morning for directions.
Following the ruling on Sept 6, Polye filed a slip rule application asking the court to re-visit its decision, alleging that the full bench made an error by ordering a re-count.