Gavin v Gavin [1990] SBHC 6; HC-CC 024 of 1989 (1 March 1990)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No 24 of 1989

MARY WINEFRID GAVIN

-v-

ROBIN MICHAEL RICHARDSON GAVIN

High Court of Solomon Islands

Hearing: 15 February 1990
Ruling: 1 March 1990

Jennifer Corrin for the Plaintiff
A. Nori for the Defendant

This is an action that has been commenced by Writ of Summons. The cause of action is a breach of a Maintenance Agreement in a matrimonial situation.

A Memorandum of appearance has been filed, a Defence and Counter Claim, and a Reply. This is a hearing of cross summonses, a summons by the Plaintiff to strike out the Counter Claim, and a summons by the Defendant for leave to file an amended Counterclaim.

Miss Corrin for the Plaintiff is asking for the Counterclaim to be struck out on the grounds that it does not reveal a reasonable cause of action, and the relief claimed in clauses 2 and 3 of the prayer is not within the jurisdiction of the Court in Civil Proceedings.

Mr Nori is seeking leave to file an amended Counterclaim.

I have grave reservations whether the proceedings have been properly brought. This is a matrimonial matter under the Maintenance Agreement Act 1957 (being an Act of general application). The Divorce Division of the High Court has jurisdiction to deal with the validity and variation of agreements but without prejudice to the power of the Judge to order transfer to Chancery Division if he is of opinion it could more conveniently be disposed of in that Division. I am of opinion that this matter should have been brought within the Matrimonial jurisdiction of the Court by way of Original Summons with affidavits. The Judge could then give directions, if appropriate, at the appointment for hearing.

I therefore dismiss both summonses and make no order as to costs.

(J.K.R. STANFORD-SMITH)
Commissioner of the High Court