Ado Solomons Corporation Ltd v Lagwaeano Sawmilling & Logging Company Ltd [2000] SBHC 92; HCSI-CC 103 of 2000 (2 May 2000)

CC 103 2000.HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No.103 of 2000

ADO SOLOMONS CORPORATION LTD

V

LAGWAEANO SAWMILLING & LOGGING COMPANY LTD, JOSEPH TAEGA & OTHERS AND JOY ITAIA (trading as OCEANIA TRADING)

High Court of Solomon Islands
(Lungole-Awich J)

Civil Case No. 103 of 2000

Date of Hearing: 2nd May 2000
Date of Judgment: 2nd May 2000

Mr R Teutao for the Plaintiff (absent)
Mr C Ashley for the Defendant

JUDGMENT

(Lungole-Awich, J): This application was listed for inter partes hearing following the granting of interim injunction order by Palmer J on ex parte application, on 4.4.2000. Proceeding with the application today when there is no clear information that the plaintiff has received notice of today’s hearing will most likely result in prolonging rather than having the matter completed in good time. It is most likely that the plaintiff will apply to be heard about the reason for non-attendance today. I, however, have to say that it is no fault of the defendants that the plaintiff could not get notice of today’s hearing. It obviously is something to do with where the chambers of Mr Teutao, learned counsel for the plaintiff, are. I have considered the hardship that the interim order now causes to the defendants and in particular the fact that there has been no order for security for damages together with the order for interim injunction. I was minded to lift the interim injunction, but decided to give one more chance to the plaintiff since it is most likely the fault of the solicitor other than of the plaintiff that they are not in attendance.

I order that the hearing of the application stand adjourned to the earliest possible date, provided 2 clear days notice is possible. Service will be substituted service, by radio service message addressed to Mr. Teutao and the plaintiff.

I further order that the Registrar is to call Mr Teutao and discuss with him the whereabouts of his chambers. It may be necessary to draw Mr Teutao’s attention to the requirement that to hold a practising certificate, he must provide the Registrar with an address where his chambers are situated. The Registrar may well consider taking action if he does not get satisfactory explanation about the whereabouts of Mr Teutao’s chambers.

It is further ordered that the Registrar is authorised to consider imposing costs for today’s adjournment against Mr Teutao personally, should the Registrar find that Mr. Teutao’s explanation is unsatisfactory.

The interim order made by Palmer J on 4.4.2000 to continue until the adjourned date.

Delivered this Tuesday the 2nd day of May 2000
At the High Court
Honiara

Sam Lungole-Awich
Judge