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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 –…
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In re Estate of Francis Feratelia (Feratelia v Feratelia) (Probate), HCSI-CC 432 of 2018 (11 October 2022)
probate – letters of administration – application for letters of administration by deceased’s wife – objection by deceased’s brothers – objector alleged that deceased had verbally requested that he take care of deceased’s estate – objector alleged that applicant would be influenced in administration of deceased’s estate by another family member and letters of administration…
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Molea v Didao Development Corporation Ltd, HCSI-CC 48 of 2018 (9 August 2022)
judgment – interpretation – judgment order that defendants purchase claimants’ shares at a value to be determined by valuer – defendants did not purchase claimants’ shares since valuer determined value of shares 14 months ago – whether the judgment order required defendants to purchase claimants’ shares forthwith – whether the judgment order permits the claimants…
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Piko v Attorney General, HCSI-CC 626 of 2019 (21 October 2022)
costs – application for costs – parties settled out of court – no consent order signed – no settlement agreement signed – no notice of discontinuance filed – parties relying on verbal statements as to terms of settlement – no reliance made on draft unsigned settlement agreement on court file – defendant paid claimant agreed…
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Taisia v Hahaga, HCSI-CC 587 of 2020 (23 August 2022)
application to strike out claim – to strike out a claim based on the claim having no cause of action the judge must assume the claim to be proved – whether claimant has standing to bring action – whether claim has cause of action – claimant alleging unlawful entry and unlawful logging activities by defendant…
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Olsson v Solomon Time Limited, SICOA-CAC 19 of 2021 (Appeal from HCSI-CC 417 of 2006) (22 November 2022)
judgment debt – enforcement to recover judgment debt – judgment debt outstanding – company subject to judgment debt went into voluntary liquidation – expiry of enforcement order under court rules – expiry of enforcement order means there is nothing left in force to amend or vary or extend – enforcement order to recover judgment debt…
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Djokovic v Attorney General, SICOA-CAC 3 of 2021 (Appeal from HCSI-CC 335 of 2020) (4 November 2022)
citizenship – avoidance of dual nationality – appellant born in Solomon Islands pre-independence to an indigenous Solomon Islander mother – appellant granted Australian citizenship as minor – whether an indigenous Solomon Islander is automatically a Solomon Islands citizen – appellant did not renounce or lose nationality of Australia after attaining 18 years of age –…