Ipo v Iro [2008] SBHC 58; HCSI-CC 268 of 2008 (25 September 2008)

HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 268 of 2008

RAYMOND IPO

V

PAUL IRO
1st Defendant

TIMOTHY AWA
2nd Defendant

PRESLEY HALUWATE
3rd Defendant

ANDREW SIMI
4th Defendant

JOHN STILL DORA
5th Defendant

JOHN ABA
6th Defendant (Trading as Top Timber Company)

JAMES KOO
7th Defendant (Trading as China United)

S.I. GLOBAL TIMBER LIMITED
8th Defendant

ELNAH OWA
9th Defendant

WESTPAC BANK LIMITED
10th Defendant

Fuakona J.

Date of Hearing: 25 September 2008
Date of Ruling: 25 September 2008

Saramo for the Claimant for the Claimant
1st to 10th Defendant In person

RULING
EX PARTE APPLICATION

Faukona, J.

An Ex parte Application for an order to freeze the 8th Defendant’s bank account with the 10th Defendant, the Westpac Limited. Mr. Saramo on submission advanced two reasons for the application:

1. That a Local Court case to decide on the ownership of the land has been filed with the Malaita Local Court.
   
2. That the amount of $36,000.00 has been paid into Westpac Bank Account of 8th Defendant and soon be paid out to Defendants 1-5.
   

Counsel Saramo, esq. rely on the sworn statement of John Dora filed on 5th September 2008. Upon hearing Counsel Saramo’s submissions and upon reading of the supporting sworn statement I feel that it would be unfair to freeze the 8th Defendant’s bank with Westpac Bank Limited. The reason is that the account is an operative account whereby which money were deposited in from an overseas buyer of sawn timber, exported to it by the 8th Defendant.

The 8th Defendant is a locally buyer of sawn timber from ordinary Solomon Islanders and export them to buyers overseas.

To freeze the account would mean freezing the above business. It would be different, if the account was owned jointly by the Defendants 1st-5th which treated as a catalyst to receiving payments from 8th Defendants for the timbers sold to him. It would be proper to freeze such an account because the Defendants had direct control over it and from that account they got their money. There was nothing of that sort in this case. I therefore refuse to grant the order sought.

THE COURT