BG Construction Ltd v Attorney-General [1997] SBHC 48; HC-CC 145 of 1997 (26 September 1997)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 145 of 1997

BG CONSTRUCTION LIMITED

v

THE ATTORNEY GENERAL

Before: Palmer J

Hearing: 10th September, 1997

Ruling: 26th September 1997

Counsel: Attorney-General in person;

P. Tegavota fo Respondent

PALMER J:

This is an application for leave to file defence out of time pursuant to Order 23 Rule 6.Writ of Summons was served on the Attorney-General on 12th 12th June, 1997. The time limit for filing appearance expired on 25th June, 1997. A memorandum of appearance was filed on l7th June, 1997. The Defendant was required to file defence by 9th July, 1997. He failed to comply. Reasons given are outlined in the supporting affidavit of Joy Kere filed on 4th September, 1997 at paragraph 5 and following. A statement of defence was eventually filed on 21st July, 1997, some 12 days later.

The Respondent objects to the application. With respect I fail to see any valid reason for the objection. The delay has not been substantial or undue. Reasonable grounds for the delay have been given to my satisfaction. Further, according to submissions from the Attorney-General a letter had been written earlier seeking extension by consent but that this had been refused. The Respondent therefore has not been taken unawares or by surprise with this application.

I am satisfied in the circumstances that leave should be granted. A statement of defence having been filed on 21st July, 1997, leave is simply granted to validate the filing of that defence. Thereafter, the case should be back on track again in accordance with the Rules of Court.

ORDERS OF THE COHE COURT:

1. Allow leave to file defence out of time to 29th September, 1997.

2. Replies 7 days thereafter.

3. Costs in s in the cause.

ALBERT R. PALMER
The Court