Bank of South Pacific Ltd v Minister of Labour, Commerce and Immigration [2012] SBHC 114; HCSI-CC 299 of 2012 (29 September 2012)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 299 of 2012

BETWEEN:

Bank of South Pacific Limited
First Claimant

AND:

Peter Hans Lemon
Second Claimant

AND:

Minister of Commerce, Labour &
Immigration
First Defendant

AND:

Commissioner of Labour
Second Defendant

AND:

Director of Immigration
Third Defendant

AND:

Attorney General
Fourth Defendant

Hearing : 29th September 2012
Ruling : 29th September 2012

John Katahanas for Claimants
John Muria (Jr) for Defendants

RULING

Mwanesalua J:

1. There is an application pending before the court filed by the Claimants on 11th September 2012 for interlocutory orders set out in the application. Three summonses to attend court and produce documents were served on the First, Second and Third Defendants. They were not in court and an application to the court to issue warrants of arrest on them for contempt was made by the Claimants.
   
2. The Fourth Defendant opposed the application to issue the warrants of arrest. The Fourth Defendant then made an oral application for the court to set aside the summonses served on the First, Second and Third Defendants, on the basis that the witnesses do not need to attend as matters raised in the application merely involve issues of law. Further, the Fourth Defendant contends that the documents sought to be produced by the witnesses were not properly identified for collection and production.
   
3. The First, Second and Third Defendants were in contempt of court when they failed to appear in court. Warrants of arrest will be issued against them. However, the warrants will not be immediately executed but will lie in the case file.
   
4. The Claimants tendered a chronology of events and acts taken to advance the renewal of the Second Claimants work permit. The application for the renewal of the work permit was refused. Although an appeal was made against that decision, the Claimants never received the decision and the reasons for refusing the appeal. It is the view of this court that the First, Second and Third Defendants have not been acting transparently with the Second Claimant in his application for renewal of his work permit and appeal.
   
5. The court holds the view that the identity and the particulars of the documents sought to be produced by the First, Second and Third Defendants have been reasonably identified by the Claimants. The application to set aside the summonses is refused.
   

Order:

1. The oral application is dismissed.
   
2. Separate warrants for the arrest of each of the Minister of Commerce, Labour and Immigration, Elijah Muala, the Commissioner of Labour, Josiah Manehia and the Director of Immigration, Jeffery Deve.
   
3. Once issued, the said warrants shall lie on the court file until further order.
   
4. The Claimants' application for interim relief filed on 11 September 2012 is to proceed today.
   

Order accordingly.

THE COURT