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Zinihite v Solomon Islands Ports Authority, HCSI-CC 453 of 2017 (25 November 2022)
application for leave to file third party notice – where claimants seeking damages for trespass by defendant on their customary land – where claimants are the customary landowners – where defendant’s trespass may have been based on reliance on third party who was not the customary landowner – where claimant had obtained default judgment against…
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Theo v Tuki, HCSI-CC 353 of 2019 (9 September 2022)
application for joinder – controller of customs and minister and director of environment seeking to be joined as parties to the proceedings – where court had made previous order that claimant be permitted to sell and export illegally felled tubi trees to avoid wastage – where controller of customs seized tubi trees illegally felled preventing…
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Theo v Tuki, HCSI-CC 353 of 2019 (30 May 2022)
application for order to sell and export logs – where claimants are owners of customary land – where defendants hold felling license to log trees on claimants’ customary land – where defendants felled tubi trees in breach of felling license – where defendants subject to court order restraining them from felling or exporting tubi trees…
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Kuo Fung Chi v Emily Kuo Fung Li, HCSI-CC 50 of 2019 (26 May 2022)
application for declaratory orders – where there is no substantive claim before the court – where claim for rectification of title to land struck out for want of prosecution – where claimant in possession of land – where defendant is registered owner of land – where defendant did not make counterclaim – where defendant’s claim…
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In re Estate of Kenny Tuapa Spillius (Waleanisia-Spillius v Spillius) (Probate), HCSI-CC 60 of 2022 (23 September 2022)
probate – letters of administration – application for letters of administration by deceased’s wife – objection by deceased’s children from deceased’s previous marriage – objectors alleged that the applicant would not administer deceased’s estate to thier benefit due to broken relationship between applicant and objectors – broken relationship is not special circumstance that justifies change…
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HHD Development Limited v Natei, HCSI-CC 189 of 2017 (23 September 2022)
summary judgment – preliminary issue of law – whether defendants have acquired ownership interest over registered land from adverse possession – defendants occupied registered land for at least 12 years prior to claimant becoming registered owner of the registered land after purchasing it from the previous registered owner – previous registered owner commenced proceedings against…
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Suhara v Attorney General, HCSI-CC 562 of 2015 (30 September 2022)
recusal – whether judge’s earlier statements in interlocutory application were conclusive statements on the substance of proceedings and judge would not be impartial – a judge who has made adverse findings against any litigant is not disqualified to hear same case against same litigant even if judge has made adverse findings and expressed typical judicial…
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Kaitu’u v Asia Pacific Investment Development Ltd, HCSI-CC 177 of 2022 (30 September 2022)
costs – application for costs following discontinuance – court has discretion to award costs even outside of court rules – minimal costs justified because proceedings ended early
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Dokama v Choiseul Western Customary Land Appeal Court, HCSI-CC 502 of 2018 (Appeal from CLAC) (30 September 2022)
CLAC appeal – evidence – application to adduce 2 determinations from timber rights hearing as new evidence after appeal book compiled – whether court should grant leave for new evidence to be adduced in appeal – whether new evidence is necessary or relevant as evidence in appeal – evidence relevant to appeal are Chief’s decision…
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Bank of South Pacific Financial Group v Star Horizon Limited, HCSI-CC 258 of 2019 (30 September 2022)
default judgment – application to set aside default judgment – draft defence disclosed no prima facie defence or no arguable defence or no meritorious defence contract – loan – principal in breach of contract – liability of guarantor to satisfy principal’s obligations under contract counsel – submissions – counsel ran some very strange submissions –…