International Comtrade and Shipping (SI) Ltd v Attorney General [2007] SBHC 87; HC SI 268 of 2007 (22 October 2007)

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 268 of 2007

IN THE MATTER OF SECTION 23 OF THE FOREIGN INVESTMENT ACT 2005
AND IN THE MATTER OF DECISION OF THE REGISTRAR OF FOREIGN
INVESTMENT DATED 16TH JULY 2007

BETWEEN:

INTERNATIONAL COMTRADE & SHIPPING (SI)
LIMITED

AND:

ATTORNEY GENERAL
(Representing the Registrar of Foreign Investment)

Date of Hearing: 22 October 2007
Date of Judgment: 22 October 2007

Andrew Radclyffe for the Plaintiff
Attorney General for the Respondent

JUDGMENT

Goldsbrough J: Leave granted on 3 August 2007 was given on the basis that the judge was satisfied that there was a serious issue to be tried.

That is no longer the case, as it is accepted that at the date the purported decision complained of was said to have been made, there was no one in existence in law to make it, the relevant Act not having been brought properly into force.

Leave then now seems inappropriate and following application by the Attorney General for revocation of the same, and nothing being submitted to the contrary on the substance of that (as opposed to the jurisdictional question, which has already been determined in other proceedings) leave is revoked.

Having heard Counsel on the question of costs, no order is made as to costs.

Goldsbrough J
THE COURT