Wong v Dennis [2001] SBHC 32; HC-CC 001 of 2000 (5 June 2001)

HIGH COURT OF SOLOMON ISLANDS
Civil Case No. 1 of 2000

ALBERT WONG

v

YVONNE BAIATA DENNIS

Before: F.O. Kabui, J
Civil Appeal Case No: 1 of 2000

Mrs. N. Tongarutu for the Appellant
Mrs. M. Samuel for the Respondent

Hearing: 31^st May 2001
Judgment: 5^th June 2001

JUDGMENT

(Kabui, J): On 11^th February 2000, the Appellant filed a Notice of Appeal against a decision of the Magistrate Court in Honiara dated 2^nd December 1999. The Appellant sought in that Notice of Appeal orders to quash the said decision and costs. The grounds of appeal were also set out in that Notice of Appeal. Total fees of $1,780.00 had been paid by the Appellant to cover the cost of typing and photocopying of the Court record and security for costs. The fees were paid on 13^th October 2000. The matter came before the Registrar of the High Court on 6^th October 2000 who ordered that the Appellant do pay the fees of $1,780.00 within 7 days in default of which the Appeal would be struck out.
The Notice of appeal was filed by Solicitors in Bridge Lawyers. On 15^th February 2001, A.N. Tongarutu of A.N.T. Legal Services took over the appeal on behalf of the Appellant. The Registrar of the High Court struck out the Appeal on 16^th October 2000. Subsequently, Mrs. Tongarutu discovered that her Client, the Appellant, had paid $1,780.00 fees for the Appeal and brought this to the notice of the Registrar by letter dated 5^th April 2001.

I do not know this matter was listed before me for hearing on 1^st May 2001 and on 31^st May 2001. On the cause list for the first week of May 2001, the mater was listed as “Directions on Appeal” and in the Cause List for the last week of May 2001, it was listed as “Directions”. None of the parties has filed any Summons for Directions. The manner in which this matter came before this Court is rather odd to say the least. Mrs. Tongarutu in her submission asked the Court to make directions to set aside the Registrar’s Order of 16^th October 2000. Counsel for the Respondent, Mrs. M. Samuel, however submitted that the matter should be brought to Court by way of an application to set aside the Registrar’s Order and not by asking for directions from the bar table. I agreed entirely with Mrs. M. Samuel. This is the way it should be done.

After all, Mrs. Tongarutu is the Solicitor for the appellant. The Court should not be advising a party in litigation what to do for such advice normally comes from the party’s legal adviser. The Appellant’s oral application is dismissed. The Appellant however is at liberty to come back to the Court and pray for an order to set aside the Order made by the Registrar to strike out the Appellant’s appeal on the ground for non-payment of Court fees. I make no order as to costs.

F.O. Kabui
Judge