Attorney General v Speaker of Western Province Assembly, SICOA-CAC 33 of 2021 (Appeal from HCSI-CC 614 of 2021) (12 August 2022)

interlocutory order – where interlocutory order had effect of a final order – where interlocutory order had finally determined the rights of parties without hearing the substantive claim for judicial review contrary to rule 7.1 of Solomon Islands Courts (Civil Procedure) Rules 2007

judicial review – supervisory jurisdiction of the Court – power to review Minister’s decision – where Minister made order pursuant to powers vested in Minister under section 47(1) of Provincial Government Act 1997 – whether Court had power to amend Minister’s order – it is clear from the Judge’s reasons that he was trying to overcome a political impasse to move the business of the Western Provincial Assembly forward – this was an admirable aim – the Court did not have the right to amend the decision of the Minister – the Judge went too far – the Judge erred in law when he failed to consider the submission that in amending the Minister’s order he exceeded the High Court’s supervisory jurisdiction – we cannot stress enough the importance of Judges in judicial review proceedings not exceeding their powers and always bearing in mind the constraints of the Court’s jurisdiction in such applications

counsel – submissions – she filed a later letter complaining that counsel for the Attorney General was paid fortnightly but respondent had no funds to take part in the appeal – we are not sure what point she was endeavouring to make

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