Ganifiri v Barai [1993] SBHC 38; HC-CC 022 of 1991 (4 June 1993)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 22 of 1991

DAVID GANIFIRI

-v-

HANIEL BARAI AND ANOTHER

High Court of Solomon Islands
(Palmer J.)

Hearing: 25 March 1993

Judgment: 4 June 1993

J. Remobatu for Plaintiff
Defendant In-person

PALMER J: This is an application for taxation of costs filed by summons on the 25/2/93 by the Defendants, Haniel Barai and Jerimuel Maenene.

The original writ commencing the action on this case was filed on the 6th February 1991. The writ was instituted by the Plaintiff - David Ganifiri. Service on the Defendants was effected on the 15/2/91 (see affidavit of service by A. Radclyffe filed on the 22/2/91).

The claim under item 1 and item 2 therefore cannot be allowed. They were not costs of the litigation and not costs incident to the litigation. Costs follow the event. The actions of the Defendants on those items were done on their own volition and even perhaps in anticipation of the proceedings to be taken against them. However, they do not fall within costs of and incident to the proceedings, and must be dismissed.

As to item 3, I can understand the concern of the Defendant on service of the summons to seek further assistance from Police. He did that on the 8/3/91. He was advised to see the public solicitors at Auki. I note that the Public Solicitor at Auki entered a memorandum of appearance which was filed on the 22/2/91. It was therefore no longer necessary for him to see the police any more. I will therefore allow the costs incurred only for the 8/3/91. The costs for two days is $20.00 divided by two equals $10.00.

Item 4: Claim is for $10.00 fuel costs. I am satisfied it is justifiable.

Item 5: Cost incurred is for truck fare at $10.00/person for one way and so for two persons it amounted to $40.00.

This is justifiable. Food expenses at $20.00 is also reasonable.

Item 6:

The claim is for travel expense at $60.00 allowed. Food expenses at $75.00 from 18/11/91 to 22/11/91 for 3 persons at $5/day/person is justifiable.

As to the question of receipts, I am satisfied having read the affidavit of the Defendants on the balance of probability and there being no other evidence advanced by the Plaintiff to refute the charges and also having been satisfied that they are all reasonable rates, I accept them as put.

The claim allowed to be taxed in total is $215.00

(A.R. Palmer)
JUDGE