National Fisheries Development Ltd v Kanna [1999] SBHC 16; HC-CC 055 of 1999 (3 March 1999)

HIGH COURT OF SOLOMON ISLANDSspan>

Civil Case No. 055 of 1999

NATIONAL FISHERIES DEVELOPMENT LTDT LTD

v

KENICHI KANNA AND AKITO KUDAKA

High Court of Solomon Islands
Before: Lungole-Awich, J
Civil Case No. 055 of 1999

Hearing: 3/3/1999
Judgment:1999

ass="Mso="MsoNormal" style="margin-top: 1; margin-bottom: 1"> Mr. D McQuire for the plaintiff

JUDGMENT

(LUNGOLE-AWICH, J): Much of Order 11 of the High Court (Civil Procedure) Rules, 1964, must, since independence in 1978, be read with modifications. Most of the institutions, authorities and offices referred to no longer exist. Further, court may depart from provisions of the Rules where it is in the interest of justice or when it will lead to speedy despatch of proceedings provided no prejudice is occasioned to parties.

p class="Mso="MsoNormal" style="margin-top: 1; margin-bottom: 1"> In effect there are 2 applications before court today:

1. Application to serve writ of summons or notice of it outside jurisdiction, ;&nbssp; &nsp; &nbs; &nbbp;&nnbp;& and

lass="Mso="MsoNormal" style="text-indent: 36.0pt; margin-top: 1; margin-bottom: 1"> &nnbsp;;&nspp;&nsp; &nsp; &&nbp;; an> course these days)an> ">

The second application would under the Rules, be made to t to the Registrar, but now that I am to consider the first, it saves time to deal with both applications.

The plaintiff’s outline of its case, in the affidavit of Philip Robp Roberts and in the submission of learned counsel Mr. McQuire, discloses causes of action in contract; possibly charterparty. It is sufficient to allow court processes to be served outside jurisdiction in this case, in Japan.

The provision of our Rules (r5) that service on non British subject ject be of notice other than of the writ of summons itself, is now outdated. I exercise discretion and grant order to serve a copy of the writ of summons dated 12.2.1999 and filed at court on 16.2.1999, on the defendants, outside this jurisdiction, in Japan. I further grant order authorising substituted service, the writ be served by registered mail sent to the addresses provided by the defendants. In addition to the orders, it is advisable if solicitors for the plaintiff get in touch with correspondent solicitors in Japan to have the defendants served in the manner court documents originating cases are served in Japan. Correspondent’s reports would be excellent assurance in the event of application for default judgment. Should it be possible to get a solicitor in Japan to effect service, the service so effected is to be regarded as authorised by order of this court. The language of this Court is English, all papers to be filed at Court will be in English or will be filed with their translation in English. The contract is in English and the Law of Solomon Islands is stated to be the law to apply. At this stage, however, even the contract itself is regarded as being at issue.

lass="Mso="MsoNormal" style="margin-top: 1; margin-bottom: 1"> Defendants are given 42 days from the date of service to file appearance or other document that acknowledges service of the writ of summons on them.

Costs in the cause.

Deed on the 3 March 1999

Sam Lungolungole-Awich
Judge