Home Finance Corporation Islands v Makana [2000] SBHC 68; HCSI-CC 97 of 2000 (14 June 2000)

CC, 97, 2000.HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No.97 of 2000

HOME FINANCE CORPORATION ISLANDS

-v-

JAY MAKANA

High Court of Solomon Islands
(PALMER J.)
Civil Case Number 97 of 2000

Hearing: 9th JUNE 2000
Ruling: 14th JUNE 2000

L. TEPAI for the Plaintiff.
P. Lavery (Public Solicitor) for the Defendant.

PALMER J: This is an application by way of originating summons, for the enforcement of a charge registered under section 163 of the Land and Tides Act, in respect of the Lease in Parcel Number 191-043-37 to secure the sum of $65,000-00 loaned to the Defendant. Learned Counsel, Patrick Lavery for the Defendant however, has raised a procedural issue of law as to the correct form of action in which to commence this action. He argues Order 58 is not the correct form as there is no question of construction arising from these matters. In my respectful view that would be correct. This action should have been commenced by Writ of Summons specially indorsed. Mr. Lavery asks that the whole action be struck out. In my respectful view that is not necessary. The matter can simply be converted to Writ action and an order made to that effect. Accordingly I will direct that the Plaintiff file its Writ of Summons specially indorsed with its statement of claim within 14 days from date of this order. As to costs in respect of this application, no order for costs in my respectful view need be made.

ORDERS OF THE COURT:

1. Order that the Originating Summons filed 29th March 2000, in respect of this action, be converted to Writ Action.

2 Plaintiff to file Writ of Summons specially indorsed within fourteen (14) days hereafter.

3. Each party to bear their own costs.

THE COURT.