Tierney v Hastings Deering (SI) Ltd [1990] SBHC 29; HC-CC 036 of 1990 (24 May 1990)

IN HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 36 of 1990

REGINALD CHARLES TIERNEY

-v-

HASTINGS DEERING (SI) LIMITED

IN HIGH COURT OF SOLOMON ISLANDS
(J.K.R. STANFORD-SMITH)

Hearing: 3 May 1990
Ruling: 24 May 1990

F. Waleilia for Plaintiff
J. Corrin for Defendant

RULING

The Plaintiff filed and issued a writ on the 14/2/90. The back sheet is subscribed as a "specifically endorsed Writ" and it follows the Form of Form 2 Appendix A, the claim being liquidated for wrongfully termination of a contract of employment.

A memorandum of Appearance was filed on the 28.2.90 and a defence filed on the 8/3/90. Eleven days later on the 19/3/90 the Plaintiff has filed a statement of claim.

The decision whether to issue a general or specifically endorsed Writ lies with the Plaintiff O3 or r5. Miss Corrin for the defendants asks that the Statement of Claim shall be struck out under O22(1)(a) as no further Statement of Claim shall be delivered unless the Court shall otherwise order where the Writ is specifically endorsed.

The defendants have been prejudiced in that they have filed a defence to the claim r=endorsed on the Writ. They will now have to file an amended defence to deal with the more detailed statement of claim.

This is an action for wrongfully dismissal and it is in the Plaintiffs’ and the Defendants’ interest that the matter be resolved. Civil Litigation is notorious for its delays more Courts are recognising this and introducing measures to speed up the process.

There is also a summons before the Court to amend the address for service, and it is clear that the Plaintiff is resident outside the jurisdiction. With respect to the Plaintiff's counsel I feel that the defendants were unnecessarily called upon to produce evidence of that fact when Counsel intended to file a summons reflecting that fact.

I have already order Security for costs to be paid and given leave for the Plaintiffs address to be amended.

In view of the above I grant leave for the Statement of claim to be filed but accept that the Defendants will now need to file an amended defence. As this matter was purely in the hands of the Plaintiff. I order that all costs relating to the application be the Defendants in any event as costs thrown away.

I will not deal with specific direction until addressed by counsel. Summons for direction will be dealt with now in the light of this ruling.

(J.K.R. STANFORD-SMITH)
Registrar of High Court/Chief Magistrate