Zama v Lennea [2004] SBCA 2; CA-CAC 012 of 2003 (21 April 2004)

IN THE COURT OF APPEAL
OF SOLOMON ISLANDS

Case No. 12 of 2003

Between

MR & MRS ZAMA
Appellants

-and-

JUSTIN LENNEA
(T/A Variety Mart)
Respondent

Hearing 21^st April 2004
Ruling 21^st April 2004

Mr Suri for Appellants
Mr Radclyffe for Respondent

Registrar Chetwynd- This is a matter which has come before me for directions. The hearing was initiated by the Respondent. The Respondent would like the issue of security for costs dealt with at an early stage.

Mr Suri said on behalf of the Appellants that a suggested figure of $ 5,000 for security would be punitive and cited the parlous state of the Appellants finances, as disclosed in the evidence at trial, for that proposition. He says to ask for that sum now would deny the Appellants justice.

I regret to say that I cannot accept that. In all litigation there is a cost. The risk of having to pay costs is all part and parcel of the litigation process. The sum suggested is not onerous. In a taxation of costs before me it would probably represent about 10 hours work. I have no doubt that far more “billable” hours will be expended in this matter before it is disposed of. No matter what grounds are stated in the notice of appeal, the plain fact is that the Respondent has a Judgment in the High Court. In an ideal World we would have a system of no cost, risk free arbitration. There would be no question of security for costs. In the real World I repeat that I do not think $5,000 is an onerous sum for security.

I also have to consider a deposit for the costs of preparing the record. On looking through the High Court file I would say that the costs to the High Court of producing 5 bundles would be in excess of $2,500.00. That is the figure I have in mind to cover the costs of preparing the record. I would mention that that figure would drastically reduce if the Appellant (through his Counsel) prepared the record. It is clear that I cannot order the Appellant to prepare the record but he could do so with the agreement of the parties and this Court. If the Appellant were to adopt this course then I feel I could amend these directions. However the order for directions is made on the basis that the Court will prepare the record.

The directions I make are as follows:

1. The Appellant shall pay into Court or otherwise provide security for the sum of $5,000.00 in respect of costs.
2. The Appellant shall pay into Court the sum of $2,500.00 for the costs of preparing the record.
3. The security and deposit referred to in paragraphs 1 and 2 shall be paid within 14 days.
4. The parties shall file an agreed index by 19^th May 2004.
5. The record shall be made available to the parties by 3^rd June 2004.
6. The Appellant shall file written submissions by 18^th June 2004.
7. The Respondent shall file written submissions by 2^nd July 2004.
8. The matter listed for hearing before the next sitting of the full Court
9. Liberty to apply on 3 days written notice.
10. Costs in the Appeal.
    

Dated 21^st April 2004

R D Chetwynd
Registrar Court of Appeal