Solomon Islands National Union of Workers v Attorney-General [1990] SBHC 57; HC-CC 143 of 1990 (2 November 1990)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 143 of 1990

SOLOMON ISLANDS NATIONAL UNION OF WORKERS

v.

ATTORNEY GENERAL AND
SOLOMON ISLANDS PUBLIC EMPLOYEES UNION

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

Hearing: 5 and 30 October 1990
Ruling: 2nd November 1990

J. Corrin for the Plaintiff
P. Afeau for the First Defendant
P. Tegavota for the Second Defendant

WARD CJ: The plaintiff in this action sought, by notice of motion filed on 23rd August 1990, an order for judgment against the second defendant in default of defence.

By the time the matter came for hearing on 5th October, the second defendant had in fact filed a defence of sorts on 7th September.

At that hearing, Mr Tegavota told the Court the Union representative drafted the defence himself. Mr Tegavota had himself only been instructed the day before and sought an adjournment.

I allowed an adjournment to 30th October when the second defendant filed an affidavit seeking leave to file a defence out of time with an affidavit in support.

It is clear the application should have been to file an amended defence and, for that purpose, the affidavit is inadequate because it gives little reason for the need to file out of time.

It seems regrettable that, yet again, this Court is faced with a situation caused by the failure of counsel properly to prepare the case.

I have seen the new defence and it appears there is a defence raised fit to be tried.

Miss Corrin is correct to seek to conclude the matter now but I feel that the defendant should have a chance to have his action tried.

I cannot accept that the delay, despite the inadequate grounds deposed to, is clearly inordinate or excessive nor has there been any peremptory order.

I feel in the circumstances that I shall allow the defence to file an amended defence out of time. The amended defence is to be filed within 8 days and if it fails to do so, judgment will be given.

The plaintiff's application for judgment in default is refused.

Costs of today to be paid by the second defendant.

(F.G.R. Ward)
CHIEF JUSTICE