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Tatalani Builders Ltd v Bobby, SICOA-CAC 38 of 2019 (Appeal from HCSI-CC 9 of 2014) (12 August 2022)
effect of default judgment – default judgment means the case is at an end and the issue of liability is res judicata – once default judgment entered the cause of action is at an end and the parties are prevented from re-agitating matter before the court unless it was an application to set aside the…
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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…
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Philip v Mola, SICOA-CAC 32 of 2019 (Appeal from HCSI-CC 439 of 2013) (12 August 2022)
res judicata – issue estoppel – validity of agreement concerning sale of ship – where High Court had made determination on validity of agreement which rendered issues over the validity of the agreement res judicata – where High Court decision had not been appealed and was therefore binding on parties to appeal
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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 –…
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Dettke v Bartlett, SICOA-CAC 12 of 2021 (Appeal from HCSI-CC 152 of 2012) (4 November 2022)
want of prosecution – lawyer representing claimant withdrew – claimant delayed to obtain replacement lawyer for over 3 months – delay by claimant to obtain replacement lawyer demonstrated lack of diligence and expedition and was unacceptable – claimant delayed by over 7 months to file application to reinstate claim after claim was dismissed – delay…
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Ngalavole v Attorney General, SICOA-CAC 23 of 2021 (Appeal from HCSI-CC 236 of 2021) (4 November 2022)
late service of notice of appeal – whether to condone late service – late service may be condoned where good reason is shown – good reason may include actual practical difficulty in personally serving respondent residing in the provinces – no good reason to condone late service given
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LB Construction and Joinery v Attorney General, SICOA-CAC 21 of 2021 (Appeal from HCSI-CC 208 of 2019) (4 November 2022)
security for costs – security for costs unpaid – over 12 months since security for costs should have been paid – time to challenge amount of security for costs is at directions hearing – counsel admits that appellant would not be able to pay security for costs even if given further time – unacceptable and…
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Maka v Malaita Customary Land Appeal Court, SICOA-CAC 6 of 2020 (Appeal from HCSI-CC 261 of 2012) (4 November 2022)
dismissal of appeal – whether single judge has power to dismiss appeal – deciding not to grant leave to appeal is not determining an appeal – until leave to appeal and notice of appeal is filed there is no appeal on foot – counsel submission quite simply wrong – counsel submission borders on incompetence or…