Pacific Crest Enterprises Ltd v Green Hill Enterprises Ltd [2016] SBHC 62; HCSI-CC 354 of 2015 (13 May 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 354 of 2015

BETWEEN:

PACIFIC CREST ENTERPRISES LTD
Claimants

AND :

GREEN HILL ENTERPRISES LIMITED
Defendant

Date of Hearing and Orders: 13 May 2016

BROWN J:

RULING AND ORDERS

I am not satisfied that the Defendant has shown reasonable cause for the delay, but a defence has been filed. It must await trial to show whether it has merit, but on its face, it takes issue with the claims. I propose making a costs order against the Defendant and will refuse those orders sought in the application for default judgment.

To allow judgment may cause unnecessary delay in the hearing of the matter, if subsequently it is set aside. I would turn a blind eye to the fact of the defence, if I were to allow judgment by default now.

Orders
On the Claimants application for default judgement;

I refuse in my discretion orders sought in paragraph 1.

The costs of today shall be paid on an indemnity costs basis by the Defendant and the Claimant.

The Claimant is at liberty to proceed at the expiration of 28 July if the costs have not been paid.

Liberty to apply.

BY THE COURT