Architects Design Group Ltd v Industrial Performance Group Ltd [1990] SBHC 41; HC-CC 105 of 1989 (26 July 1990)

HIGH COURT OF SOLOMON ISLANDS

Civil Case 105 of 1989

ARCHITECTS DESIGN GROUP LIMITED

-v-

INDUSTRIAL PERFORMANCE GROUP LIMITED

High Court of Solomon Islands
(Ward C.J.)

Hearing: 26 July 1990
Judgment: 26 July 1990

J. Corrin for the Plaintiff
A. Nori for the Defendant

WARD CJ: In this case, the plaintiffs claim fees due for professional services by the plaintiff.

Due to the failure of the defence, judgment in default of appearance was entered on 27th June 1989 but was set aside for irregularity unrelated to the time factor. Since then on 14th March 1990 the defence solicitor has withdrawn because he has not been paid his professional fees.

No address for service was then lodged and, on 6th April, a summons was filed to have the defence struck out for that failure. Hearing was set for 12th April and on 10th April a notice of change of counsel was filed and, at the hearing, the application was refused.

A certificate of readiness for trial was lodged on 22nd May and the case was set down for hearing on 2nd July. When it came to court that day, the defence sought an adjournment because they had no witnesses here. I allowed the adjournment reluctantly but made a peremptory order that the costs of that day be paid into court within 3 days and the full judgment sum within 28 days.

The costs have not been paid (neither has the judgment sum although there are still two working days to go) and the defence do not appear today. My court clerk has telephoned defence counsel at his office and at home but no one can say where he is.

I therefore order that the defence be struck out and judgment entered for the plaintiff with costs.

(F.G.R. Ward)
CHIEF JUSTICE