Collin Tuk Fook Yow v Solomons Islands Ports Authority [2023] SBCA 29; SICOA-CAC 9035 of 2022 (2 October 2023)

IN THE SOLOMON ISLANDS COURT OF APPEAL

Case name:	Collin Tuk Fook Yow v Solomon Islands Ports Authority
Citation:
Decision date:	2 October 2023
Nature of Jurisdiction	Appeal from Judgment of The High Court of Solomon Islands (Kouhota J)
Court File Number(s):	9035 of 2022
Parties:	Collin Tuk Fook Yow v Solomon Islands Ports Authority and Attorney General
Hearing date(s):	2 October 2023
Place of delivery:
Judge(s):	Hansen P Gavara-Nanu JA Lawry JA
Representation:	L Kwaiga for the Appellants G Suri for the 1st Respondent S Banuve for the 2nd Respondent
Catchwords:
Words and phrases:
Legislation cited:
Cases cited:
ExTempore/Reserved:	Ex Tempore
Allowed/Dismissed:
Pages:	1-2

JUDGMENT OF THE COURT

1. In Civil Appeal 9035 of 2022, Yow against the Solomon Islands Ports Authority, the matter has been listed to show cause why it should not be struck out. A notice of appeal was filed and security was fixed. It was not paid. There was an application for an enlargement of time that was referred to me as a single Judge of this Court and I refused that application. No steps have been taken to challenge that. All that has been put forward is that some security was paid in the High Court and that should be sufficient. This Court does not understand that argument because it is a completely separate matter that security for costs was ordered in the lower Court. There has been a failure to pay for the security for costs. The matter cannot possibly proceed. The appeal is struck out.
2. There will be costs to the Respondent to be taxed if not agreed.

Sir John Hansen
Acting President of the Court of Appeal