Lili Store v Hong Yi Ltd - Ruling [2011] SBCA 11; Civil Appeal Case 10 of 2011 (12 October 2011)

IN THE COURT OF APPEAL OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Appeal No. 10 OF 2011

BETWEEN:

LILI STORE
Appellant

AND

HONG YI LIMITED
Respondent

Date of Hearing : 18 August 2011
Date of Ruling: 12 October 2011

Mr. C Hapa for Appellant
Mr. M Tagini for Respondent

RULING

1. The Appellant was the Second Defendant in Civil Case No. 160 of 2009 in the High Court. The judgment was delivered on 7 April 2011. The judgement was made in favour of the Respondent. Orders were then awarded against the Appellant. The orders were perfected and sealed on 7 June 2011. The Appellant appeals against orders 3, 4 and 5 of the orders. The Appellant filed its notice of appeal on 27 June 2011. The Appellant seeks orders that the orders appealed be set aside. That interest payable after judgment be as prescribed under Rule 17.72 of the Solomon Islands Courts (High Court) Civil Procedure Rules (the Rules).
   
2. The proposed grounds of appeal are set out in paragraphs 1, 2 and 3 of the notice of appeal. It is alleged that the judge made a mistake in law in calculating the daily interest at the rate of 5% on the judgment sum. It is further alleged that the Judge made a mistake in law in not applying Rule 17.72 of the Rules, which prescribes that interest be payable at the rate of 5% per annum on the amount of the judgement debt unpaid on and after the day judgment is entered.
   
3. The Appellant appeals against part of the orders that were perfected on 7 June 2011. The notice of appeal was filed on 27 June 2011. The appeal was filed within twenty days after the orders were perfected. The notice of appeal was therefore filed within thirty days limited for appeal. It is plain that the Appellant has an arguable case. The Appellant can proceed with its appeal before the full court. However, the Appellant would need to have leave to appeal as the orders arose from a default judgment. That can be done before the full court.
   
4. Costs in the Cause.
   

THE COURT