Nadu v Anea [2009] SBCA 2; CA-CAC 6 of 2008 (24 March 2009)

IN THE SOLOMON ISLANDS COURT OF APPEAL

Nature of Jurisdiction:	Appeal from Judgment of the High Court of Solomon Islands (Brown J)
Court File Number:	Civil Appeal No 6 of 2008 (On Appeal from High Court Civil Case No 456 of 2006)
Date of Hearing:	24 March 2009
Date of Judgment:	24 March 2009
The Court:	Goldsbrough P Williams JA Hansen JA
Parties:	Nadu Appellant -v- Anea Respondent
Advocates: Appellants: Respondent:	A. Nori B. Titiulu
Key Words:
Ex-tempore / Reserved:	Ex-tempore
Allowed / dismissed:	Adjourned Generally
Pages:	1- 3
EX TEMPORE DECISION
GOLDSBROUGH JA:	This is principally to you, Mr Nori, but also Mr Titiulu as well. Mr Nori, it seems to us that the best course in these circumstances is not to determine this appeal now, but to adjourn the appeal generally to allow the appellants to institute an action in the High Court to set aside this judgment on the basis that it was obtained in circumstances where Counsel exceeded their instructions, for that to be done within 28 days from today and for the respondents to be protected by liberty for them to seek formal dismissal of this appeal in the event that the proceedings to set aside the judgment are not instituted within the 28 days and if those proceedings instituted within 28 days are not prosecuted with due diligence. Does that seem to be an order that you would be content with?
MR NORI:	Yes.
GOLDSBROUGH JA:	Mr Titiulu?
MR TITIULU:	Yes, my Lord.
GOLDSBROUGH JA:	Then we so order. Is that clear to Counsel?
COUNSEL:	Yes.
GOLDSBROUGH JA:	This appeal is adjourned generally. The appellants should institute an action within 28 days from today to set aside the judgment on the grounds that Counsel exceeded their instructions. If that is not done within 28 days and if that action to set aside the judgment is not prosecuted with due diligence by the present appellants, there’s liberty to the respondent to seek formal dismissal of this appeal.

Goldsbrough JA
President of the Court of Appeal

Williams JA
Member of the Court of Appeal

Hansen JA
Member of the Court of Appeal