Carey v Azeem [2011] SBHC 40; HCSI-CC 9 of 2011 (14 June 2011)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 9 of 2011

BETWEEN:

Stephen Allan Carey
Claimant

AND:

Sayada Sarah Azeem
Defendant

Date of Hearing: 9 June 2011
Date of Ruling: 14 June 2011

S Balea for the Claimant
J Katahanas for Defendant
P Afeau for South Pacific Oil Limited
No Appearance for Solomon Airlines Limited

RULING

Mwanesalua J: This is an application by the Defendant for disclosure of relevant documents by South Pacific Oil Limited "SPOL" and Solomon Airlines Limited "Solair", which are non-parties to this case. Both SPOL and Solair have been served with court documents regarding this application.

SPOL was served with the documents on 25 May 2011. Mr Afeau is in Court as Counsel for SPOL. His instructions are that SPOL would not oppose the application, but the Applicant to pay SPOL's costs of making disclosure. However, Mr Afeau subsequently agreed with Mr Katahanas that non-party costs be costs in the cause.

Solair was served with the documents on 26 May 2011. There is no appearance by or on behalf of Solair. However, it will be obvious from the application itself, that non- appearance of non-parties to the application would result in Court Orders made in their absence without them being heard on the disclosure of documents.

Mr Balea appears on behalf of the Claimant's Solicitors. He told the Court that another solicitor has carriage of this case but not in Court. It is obvious that the Claimant's Solicitors were served with Court documents on this application on 25 May 2011.

I have considered the lists of relevant documents that are sought to be disclosed by SPOL and Solair. The relevant documents may have been in the possession and control of Solair and SPOL as they both known the Claimant as employee. I am satisfied that the documents will be relevant to the issues raised this case. They be disclosed to ensure a fair decision in this proceeding.

ORDER:

1. Grant the orders sought in the application.
2. Costs in the cause.
   

Dated this 14th day of June 2011.

Justice Mwanesalua
PUISNE JUDGE