Mambapinde v Hyundai Timber Company Ltd [1993] SBHC 69; HCSI-CC 161 of 1992 (18 August 1993)

CC - 161/92 HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 161 of 1992

ALI MAMBAPINDE

-V-

HYUNDAI TIMBER COMPANY LTD

High Court of Solomon Islands
(Palmer J.)

Civil Case No. 161 of 1992

Hearing: 17 August 1993
Judgment: 18 August 1993

P. Lavery for Appellant
Respondent not represented

RULING

PALMER J: Having read the affidavit of Ali Mambapinde filed on the 25th of May 1992, heard his evidence on Oath before me also on the 17th August 1993, read the report of Mr. John R. Schenk filed on the 11th of August 1993, heard his evidence on oath on the 17th of August 1993, read the extract from the Economists Magazine dated 16th January 1993 at page 69, read a letter from Fresh fields dated 5th May 1993, read an extract from the UK Market Overview of market prices for logs, read an article from Tropical Timbers showing market prices of hardwood as at 9 February 1993, read the standard logging agreement for customary land as contained in the Schedule to the Forests and Timber (prescribed Forms) (Amendment) Regulations 1985 and heard the submissions of Mr. P. Lavery, counsel for the plaintiff, I am satisfied that the damages due to the plaintiff should be as calculated in Mr. Schenks report at page 8, in the sum of $27,627.93 for logs removed from Pinde. That was a fair, reasonable and objective assessment.

The figure of $510.40 per cubic metre for the log species taun, in my view, in the absence of any further evidence to identify what that species exactly is and how common it is in the logged area for instance, would be unsafe to rely on it. No evidence was adduced about the occurrence of that species or what it is, from Mr. Schenk when he was on the witness box.

The price of hardwood logs for 1990 calculated at the rate of US$97 per cubic metre too should not be relied on if one is to use the exchange rates for 1993 for the US dollar. It would seem that the figures then for the exchange rates may not be as high as they are now and so the rate would be considerably less.

I am satisfied the rate of SBD194.70 per cubic metre is reasonable. Accordingly it is ordered that the sum of SBD27, 627. 93 be paid by the Defendants for damages for logs removed.

On the question of damages for loss of various fruit trees, building and construction trees, food and custom and medicinal plants, I have considered the observations of Cassells R.M in a study he did on subsistence values in Northern Choiseul. Apart from that there is very little to go by.

I note there has been much damage. Some trees may take many years before the plaintiff will be able to have them in supply again. I will allow damages limited to $5,000.00 only. Costs to the plaintiff.

(A.R. Palmer)
JUDGE