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Maui v Attorney General, HCSI-CC 645 of 2015 (2 November 2022)
employment – wrongful dismissal – whether dismissal of employee in breach of employment agreement – whether right to fair hearing a term of employment agreement – whether employer in breach of right to fair hearing – whether employee entitled to damages – where employee a public servant – where Public Service Regulations 1998 an integral…
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Lefoto’o v Simi, HCSI-CC 329 of 2022 (22 August 2022)
election – nomination – whether returning officer wrong to refuse nomination of candidate to contest election – where returning officer refused nomination because candidate was not a registered voter – where candidate admitted his name was not on the register of electors – where court granted ex parte orders for returning officer to accept nomination…
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Sevona Development Company Ltd v Boe, HCSI-CC 392 of 2021 (22 August 2022)
costs – costs of adjournment – where hearing of application for summary judgment adjourned – where application not served on defendant – where there is pending case before local court
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Gua v Bae, HCSI-CC 583 of 2015 (2 September 2022)
summary judgment – application for summary judgment – where triable issues raised in pleadings – where there is a real dispute over ownership of land
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HHD Development Limited v Maefei, HCSI-CC 226 of 2019 (2 September 2022)
default judgment – application to set aside default judgment – whether there was valid service of claim – where claim served on defendant’s spouse – where no response form was attached to claim – whether there is a meritorious defence – where draft defence discloses meritorious defence – whether reasonable reason for delay – where…
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Raiha v Solomon Breweries Ltd, HCSI-CC 19 of 2019 (2 September 2022)
unless order – enforcement of unless order – whether there was reasonable cause for delay in complying with unless order – where Honiara was affected by riots – where Solomon Islands was affected by Covid-19 community transmission
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Boselalu v Zirunagona Land Owning Group Ltd, HCSI-CC 276 of 2022 (2 September 2022)
injunction – inter partes hearing on whether to set aside or vary or maintain injunction orders made ex parte – whether there is a serious question to be tried – whether damages an adequate remedy – what is the balance of convenience
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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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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…