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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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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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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…