Idale v Golden Fountains (SI) Company Ltd [1996] SBHC 56; HC-CC 186 of 1996 (23 October 1996)

HIGH COURT OF THE SOLOMON ISLANDS

Civil Case No. 186 of 1996

align="center">ter">NATHANIEL IDALE & OTHERS

v

ORDERS OF THE COURT

(1) Order that the injunction granted by this court on 2nd September, 1996 be varied to allow the First Defendant to remove and export all logs (other than those extracted from the disputed area called Toba/Talambi Land currently stored at the Doma log pond.

(As regarding sub-paragraph 2(b) sought in that Summons, it is my view that it is not necessary for this court to make any orders in respect of that matter, as it is a private arrangement between those two parties concerned)

(2) Order that the sum of US$41,468.48 (representing the amount realised from the sale of logs extracted from the S.L.H. Concession Area and sold and exported by the First Defendant in accordance with the terms and conditions of its Timber Contract with the S.L.H. Timber Co-operation Limited dated July 22, 1996) be released from the gross proceeds of sale and be paid to the First Defendant.

(3) Order that paragraph (3) of the order of this court dated 2nd September, 1996 be varied to allow any party to apply to the Court for payment of any sums out of the balance of the gross proceeds of sale.

(4) Direct that solicitors for the respective parties to:

(a) arrange the sale by auction of all logs extracted from the Disputed Land Area, as soon as possible; and

(b) pay all proceeds from the sale of those logs into the same trust account opened pursuant to paragraph 5 of the Summons.

(5) The First Plaintiffs and the Second Plaintiff by themselves, their directors, servants, agents or otherwise howsoever, are restrained from obstructing or otherwise interfering with the First Defendant's continued access to or use of the road constructed by the First Defendant on the Disputed Land Area until the final determination of all matters arising in these proceedings.

(6) The First Defendants and the Second Defendants shall keep an accurate and true record of all log pieces and their respective volumes hauled through Toba / Talambi land until final determination of the issues raised in these proceedings.

(7) Order that the costs of this application be costs in the cause.

Albert R. Palmer,
JUDGE