Pinnacle International Ltd v Rax Scrap Metal & Marine Services Ltd [2013] SBHC 133; HCSI-CC 11 of 2013 (19 August 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 11 of 2013

BETWEEN:

PINNACLE INTERNATIONAL LIMITED
First Claimant/Respondent

AND:

ACME GLOBAL PTE LIMITED
Second Claimant/Respondent

AND:

RAX SCRAP METAL & MARINE SERVICES LIMITED
Third Defendant/Applicant

AND:

BEN MAENU'U
Second Defendant/Applicant

Date of Ruling : 19 August 2013

Mr. Hou for the Applicants
Mr. Afeau for the Respondents

RULING

1. This application was heard on 24 June 2013 in the absence of Mr. Afeau for the Respondents. Leave was grant for the hearing to continue on 17 July 2013 to allow Mr. Afeau to make submissions on behalf of the Respondents.
   
2. The Applicants apply for: (1) A declaration that by virtue of the order of the court of 23 May, 2013 later perfected, signed and sealed on 18 June 2013 dismissing the First and Second Claimants/Respondents' Application for contempt filed on 3 April, 2013, the export of the following containers of scrap metals by the First and Second Defendants/Applicants on 23 March, 2013 to Port Klang in Malaysia did not amount to contempt: (i) WLNU 2908885; (ii) TTNU 3733231; (iii) TRLU 3754320; (iv) GESU 2505362; (v) FSCU 3978810; (vi) GESU 2482605; and GESU 2252813. (2) Consequential to the declaration sought in (1) above, a further declaration that the Sullivans Shipping Agent acted unlawfully when it requested the return of the said containers of the Scrap Metals which have already arrived Port Klang in Malaysia to Solomon Islands. (3) Consequential to the declarations sought in (1) and (2) above, an order that Sullivans Shipping above Agent release the Bill of Landing for the said containers of Scrap Metals currently docked at the Solomon Islands Ports Authority (SIPA) dock at Point Cruz, Honiara, since being returned to Solomon Islands for shipment on board the vessel "Pap Aquarius" which is due to arrive in Honiara on or about 20 or 21 June, 2013. (4) An order that Sullivans Shipping Agent pay the First and Second Defendants/Applicants' costs of and incidental to this Application on indemnity basis. (5) Such further and other order as the court things fit to make in the circumstances.
   
3. The declarations and the orders sought in this application are against Sullivan Shipping Agent ("Sullivans"). Sullivans is not a party to this case. The award of costs is covered under Chapter 24 of the courts (Civil Procedure) Rules 2007 in this jurisdiction. The Rules say this on costs against non-party "24.17 unless these rules otherwise provide, the court must not make an order for costs in a proceeding against a person who is not a party in the proceeding except in accordance with rule 24.18 which relates to a relator. Sullivan is not a relator in this proceeding. A relator is a person who starts and carries on a proceeding in the Attorney General's name. There is no basis for this court to order Sullivans to pay costs in this proceeding.
   
4. It seems that Sullivans was not notified to attend the hearing of the Application. It was not represented at the hearing of the application on 24 June 2013. The Claimants seek permanent declarations against Sullivans in this application. The court will refuse to grant the orders and declarations sought by the Claimants who are to meet their own costs of this application.
   

Order:

1. The Application is refused.

2. The Claimants are to meet their own costs.

THE COURT