Moveni v Allardyce Lumber Company Ltd [2004] SBHC 20; HC-CC 304 of 2002 (3 March 2004)

IN THE HIGH COURT OF SOLOMON ISLANDS

Case No. 304 of 2002

Between

ARNOLD MICAH MOVENI
Plaintiff

and

ALLARDYCE LUMBER COMPANY Ltd
Defendant

and

IAN LIGO
(Representing the Zondo Kaboloas)
Cross Claimant

Hearing 3^rd March 2004
Judgment 3^rd March 2004

Mr A Radclyffe for the Plaintiff
Mr R Kingmele for Defendant
No appearance for the Cross Claimant

Before Registrar Chetwynd

Registrar Chetwynd – The issue in this case boils down to costs. The Defendant Company agrees that it does not “own” the money, it readily admits that the beneficiary of the trust account is the Plaintiff or possibly some body else. It has held the money until some one else sorted out the question of ownership of the land. The only real possibility of another beneficiary is the Cross Claimant. There has been no action by that party for some time. The Cross Claimant has been served (albeit only recently) but has not appeared today.

In my view, the only equitable course to steer today is to order the release of the money to the Plaintiff. I will also order the costs of the Defendant to be paid by the Plaintiff. I do not see on what grounds I can order costs on an indemnity basis. I would also say that costs have been awarded to the Defendant because it has been put to a little inconvenience but I also bear in mind that the Defendant used, in Mr Radclyffe’s word’s, an abundance of caution. I do not understand on what basis I can award the Defendant an administration fee. Bank charges, if any, will have been deducted from the account. I also consider that the Defendant could have rid itself of the “burden” of this account some time ago (by for example, a payment into Court).

The orders I make today are:-

1. All funds held in the account with National Bank of Solomon Islands under the account named Disputed Royalties MV Salvia (No. 2) be paid to the Plaintiff.
   
2. The costs of the Defendant to be paid by the Plaintiff, such costs to be taxed if not agreed.
   

R D Chetwynd
Registrar

Dated 3^rd March 2004