Arorangi Timberland Ltd v Williams [2010] CKHC 29; Plain 17 of 2010 (10 December 2010)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(Civil Division)

PLAINT NO. 17/2010

BETWEEN

ARORANGI TIMBERLAND LIMITED
Plaintiff

AND

PAUL WILLIAMS
Defendant

Hearing: 9 December 2010

Counsel: Ms S Inder for Applicant

Judgment: 10 December 2010

JUDGMENT OF GRICE J
[Application for judgment by way of formal proof]

S Inder, Browne Harvey & Associates, Avarua, Rarotonga
P Williams, C/- Arorangi Prison, Rarotonga.

[1] The Defendant is in jail. He has been served with the proceedings and subsequently a notice of the hearing and supporting affidavit by Andy Olah dated 1 December 2010. The affidavit of service has not yet been filed. This Judgment is not to issue until that affidavit of service has been filed evidencing the service of the notice of proceeding, affidavit and statement of claim.

[2] Ms Inder sought judgment for the total amount of goods supplied by the Plaintiff to the Defendant of $4,315.00. Interest had also accrued at the rate of 2.5 percent per month. I am satisfied that the terms and conditions provided for that interest to accrue. The amount of interest as at the date of judgment amounted to $842.39. The total amount by way of judgment was sought of $5,257.39.

[3] Interest was also sought from the date of judgment. This can be only awarded on the principal sum of $4,315.00 as the Court will not award interest on interest.

[4] In addition, solicitor/client costs were sought. There is no provision in the terms and conditions of trade to base a contractual claim for solicitor/client costs. I am not satisfied that it is appropriate to award solicitor/client costs and depart from the usual costs practice.

[5] A bill of account dated 30 November 2010 from Browne Harvey, Solicitors, in relation to attendances for these proceedings was handed up, for the total fee of $1,012.50 together with disbursements for $145.00.

[6] I was advised from the Bar that the interest rates presently charged commercially on unsecured debts in the Cook Islands is in the range of 15 to 19 percent per annum. Ms Inder was not aware of any tariffs in relation to solicitor/client costs for debt collection matters. Ms Inder advised me that the judicature rate of interest under the Code of Civil Procedure is presently 10 percent.

[7] Accordingly I award judgment for the sum of:

(a)	Judgment	$4,315.00
	Interest accrued under the terms and conditions	$840.39
	Subtotal	$5,257.39
(b)	Interest at the rate prescribed in the Code of Civil Procedure on $4,0 from the date of juof judgment to the date of payment.
(c)	Costs of $500 and disbursements as fixed by the Registrar.

C Grice J