Maeli v Talifai [1991] SBHC 62; HC-CC 070 of 1990 (6 December 1991)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 70 of 1990

JACK MAELI

-v-

RINTU TALIFAI
(1st Defendant)
&

SAM TAEBO
(2nd Defendant)

High Court of Solomon Islands
(Chetwynd, Registrar)

Hearing: 5 December 1991
Judgment: 6 December 1991

C. Tangariana for Applicant
J. Remobatu for the Respondents

CHETWYND REGISTRAR: This is a taxation of costs. I reserved judgment in the matter because I was concerned that the rules of High Court do not provide for the expenses of parties or witnesses. Having looked into the matter I am satisfied that I have the power to tax such costs. Although there is no provision in the scale of costs under O.65 I can refer to the rules as applicable in the High Court in England, before 1970.

There is provision in the Scale of Costs and rules to allow the attendance of witnesses. In the 1981 County Court rules this applies t a party attending and giving evidence. Strictly speaking there are not legal costs but expenses and I am entitled to award a reasonable sum in respect of out of pocket expenses. Having looked at the list provided by the Respondents I find the only contentious item is the hire of the Hi-lux truck.

From my own experience in Malaita I am aware that the usual figure for such hire is between 150 and 200 dollars a day. I do not therefore think that the sum claimed per day is unreasonable.

I next have to consider whether it was reasonable for the Respondents to hire the vehicle in the first place. Given that there is no public transport system as such on Malaita and given that market trucks are not regular or reliable I find it was reasonable to hire a truck.

I therefore allow full amount claimed by the Respondents of $1100.

R. D. Chetwynd
REGISTRAR OF HIGH COURT