CP Homes Ltd v Dai Island Sawmilling Ltd [1997] SBHC 74; HC-CC 293 of 1996 (26 September 1997)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 293 of 1996

CP HOMES LIMITED

-V-

DAI ISLAND SAWMILLING LIMITED

High Court of Solomon Islands
(Palmer J.)

Hearing: 10th September, 1997
Ruling: 26th September, 1997

A. Radclyffe for the Applicant/Plaintiff
T. Kama for the Respondent/Defendant

PALMER J.: This is an application by summons filed on 28th July, 1997 for payment of $25,000.00 which the Applicant claims is entitled to under an order of this Court in Civil Case No. 372 of 1995 dated 3rd March 1997.

The relevant paragraph in the judgment dated 3rd March, 1995 reads as follows:

"Paragraph G. Hire of Bulldozer from CP Homes of $25,000.00. I am satisfied this amount should be paid."

The explanation for this payment is provided in the affidavit of Vincent Samo Wateniui filed on 16th December, 1996 at paragraph "G".

"Hire of Bulldozer from CP Homes (reimbursement) of $25,000.00. The hire was for the period of 2 months only out of which $25,000.00 was paid under the joint solicitors’ joint account and $25,000.00 was paid by the First Defendant."

The claim of $25,000.00 accordingly was for reimbursement of the money paid by the Defendant to CP Homes and which was approved by the Court. It will be recalled that the Respondent had paid $50,000.00 for the hire of Applicant’s bulldozer for two months at the rate of $25,000.00 per month. $25,000.00 was paid from joint solicitors’ trust account, and the other $25,000.00 was paid by the First Defendant. It is that payment of $25,000.00 which the First Defendant seeks reimbursement for from the proceeds of sale of the logs and approved by the Court. It wasn’t therefore a payment in favour of CP Homes. The further amount of $25,000.00 which the Applicant claims being payment for the third month of hire is disputed by the Respondent and therefore yet to be adjudicated upon in this case. Only the sum of $50,000.00 for hire for two months of the bulldozer has not been disputed. The order sought accordingly must be denied.

ORDERS OF THE COURT:

1. Dismiss application of the Applicant/Plaintiff.

2. Costs in the cause.

THE COURT.