Ta'ari v Shell Company (Pacific Islands) Ltd [2005] SBHC 126; HC-CC 322 of 1999 (6 October 2005)

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No.322 of 1999

CATHERINE TA'ARI, BILLY OGE, GEORGE OPANIIRA
AND KRISTERN GALO

v

SHELL COMPANY (PACIFIC ISLANDS) Ltd

AND

AUKI DISTRIBUTIORS

(Mwanesalua, J.)

Hearing: 22^nd June 2005
Ruling: 6^th October 2005

A. Hou for the 1st Applicant
J. Katahanas for the Respondent

RULING

Mwanesalua, J: The 1^st Applicant, Catherine Ta'ari, comes from One'One village, in Malaita Province. On or about 7^th October 1997, she sustained burns resulting from an explosion of kerosene supplied by the Respondents.

The 1^st Applicant claimed $23,000.00 for damages from the Respondents in respect of the injuries she sustained from the explosion. The Respondents made an out of court settlement of the 1^st Applicants' claim without admission of liability. On 11^th November 1999, the court made an order ("the 1^st Order") approving the settlement of the claim and for the $23,000.00 to be paid into court within 14 days in respect of the 1^st Applicant.

On 15^th September 2000, the court made another order ("the 2^nd Order") to authorize, among other things, the payment out of the court of $20,000.00 in respect of the 1^st Applicant to be deposited into a term deposit account at the National Bank of Solomon Islands.

I note that the amount of $23,000.00 was ordered to be paid into court in respect of the 1^st Applicant under the 1^st Order, but only $20,000.00 was paid out of court to be deposited into the term deposit account under the 2^nd Order. There is no evidence to show how the sum of $23,000.00 was reduced to $20,000. I think the amount of $20,000.00 in the 2^nd Order is a typing error which can be corrected under O.30, r 11 of the High Court (Civil Procedure) Rules.

I do not know if Counsel for the 1st Applicant is in possession of a copy of the 2^nd Order. It seems that he did not, otherwise, he would have applied for the release the funds from the term deposit account for payment to the 1^st Applicant under Clause 7 of the 2^nd Order. Counsel for the Respondents neither supported nor opposed the application. In that case, I will treat this application as being lodged under Clause 7 of the 2^nd Order. Counsel for the Respondents also confirmed that $23,000.00 was paid into court under the 1^st Order in respect of the 1^st Applicant.

The 1^st Applicant was a minor when her money was paid out the court and deposited into the term deposit account. She is now 22 years old. Having attained majority, she is entitled under Clause 7 of the 2^nd Order to be paid the $23,000.00 principal plus interest thereon from the term deposit account.

I grant the application and make the following Order -

1. The amount of "$20,000.00" in Clause 1(a) of the 2^nd Order be varied to the amount of "$23,000.00."

2. The sum of $23,000.00 plus Interest be paid out of the Term Deposit account at the National Bank of Solomon Islands to the 1^st Applicant.

3. I make no order as to costs.

Francis Mwanesalua
Puisne Judge