Sol Green Enterprises Ltd v Embassy of the Republic of China (Taiwan) [2007] SBHC 151; HCSI-CC 459 of 2006 (7 September 2007)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 459 of 2006

SOL GREEN ENTERPRISES
LIMITED

-v-

EMBASSY OF THE REPUBLIC
OF CHINA (TAIWAN)

Date of Hearing: 7 September 2007
Date of Ruling: 7 September 2007

D. Marahare for the Plaintiffs
No appearance of the Embassy of China for Defendant

RULING on claim for debt or liquidated demand.

Brown, J: This is a claim for debt arising out of the unpaid fares for transporting 24 Taiwanese citizens, from Honiara to Port Vila, Vanuatu around June 2000. On 19 October 2006 XPlain Lawyers wrote a letter of demand seeking to recover the debt and claimed US$24,000. In the affidavit of Kayuo Nagasawa the 3rd Secretary to the Embassy on the 15 November 2006 replied to the letter of demand, denying liability. In that letter reference was made to the demand dated the 19 October 2006. In reply the 3rd Secretary informed Mr. Levo for the plaintiff that the Embassy had paid Sol Green about US$40,000 for the rental of fishing boat in 2 payments on 20 June 2000, according to the internal accounting record of the Embassy.

There is then prima face a denial of the debt and a plea that it has been paid.

Today by exhibit "A" the Embassy now seeks to rely on its immunity in terms of diplomatic process. I find I do not need to consider that issue.

The notice of the proceedings was given on the 19 October 2006, over 6 years from the date of institution of the debt. The claim is statute barred. Even on the material filed I would not be satisfied that the claim remains unpaid.

The motion for judgment is refused.

The statement of claim is struck out.

THE COURT