IN THE SOLOMON ISLANDS COURT OF APPEAL

Case name: 	SKL Wawasan SI Ltd v New Ocean Ltd	
		
Citation:		
		
Decision date: 	8 July 2022	
		
Nature of Jurisdiction	Appeal from Judgment of the High Court of Solomon Islands (Faukona J) 	
		
Court File Number(s):	13 of 2020	
		
Parties: 	SKL Wawasan SI Limited v New Ocean Limited and Solomon Timber Development Limited	
		
Hearing date(s): 	1st Session 1st Sitting of 2022 by circulation of Paper 	
		
Place of delivery: 		
		
Judge(s): 	Goldsbrough P
Palmer CJ
Hansen JA	
		
Representation: 	Dive R for Appellant 
Rano for Respondent 	
		
Catchwords: 		
		
Words and phrases:		
		
Legislation cited:		
		
Cases cited:		
		
ExTempore/Reserved:	Reserved 	
		
Allowed/Dismissed:	Dismissed 	
		
Pages:	1-3	

JUDGMENT OF THE COURT
1. 	This matter has been listed for formal dismissal. Leave to appeal out of time was sought and granted but given the history of this matter, was the subject of conditions. Those conditions included strict adherence to applicable time limits set out either in directions or by the Court of Appeal rules themselves.
2. 	Following the grant of leave the Notice of Appeal pursuant to that leave must be filed and served. Several months after the grant the notice of appeal had not been served on the respondent to the appeal.
3. 	The grant of leave itself followed from earlier noncompliance in the High Court resulting in the original default judgment and the subsequent decision of the High court not to set aside that default judgment. At each step, counsel for this appellant failed to comply with orders, mainly deadlines imposed by rules or direction orders. Even submissions that were allowed in opposition to the application to dismiss this appeal were not filed by the hearing date after time was allowed for that purpose.
4. 	It could be said that when the conditions of the grant of leave were not complied with, the leave itself would lapse without further order and there would be no appeal on foot. That course leads only to uncertainty and a growing mountain of files in the Registry not having been put before a Full Court for any determination. Therefore, it is preferable to end all doubt and allow the Full Court the opportunity to determine that the appeal should be dismissed or not. That also permits a party to make further representations if some intervening impossibility has occurred. In this case no such representations have been made 
5. 	This appeal is dismissed. Costs of and incidental to this appeal are awarded to the Respondent to be agreed or taxed.
Goldsbrough P
Palmer CJ
Hansen JA