Lavi v Sauro Development Co Ltd [2016] SBHC 67; HCSI-CC 31 of 2016 (20 May 2016)

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case Number 31 of 2016

BETWEEN:

HENRY LAVI & OTHERS
First Claimants

AND:

SAURO DEVELOPMENT CO. LIMITED
Second Claimants

AND:

PETER PITAKERE AND RODDIE TAGOLO
First Defendant

AND:

SASA PEZOPORO DEVELOPMENT CO. LIMITED
Second Defendant

AND:

METRO TEAM LIMITED
Third Defendant/Applicant

Date of Hearing: 20 May 2016

Rano & Company for the Claimants
PT Legal Services for the Defendants

BROWN J:

RULING AND ORDERS

This is an application to vary injunctive orders given by my brother Judge Faukona PJ stopping logging in disputed land at North Vella la Vella Western Province. I have spoken to my brother judge who is unable through conflicting listing to hear the application today.

The application is by the 3^rd Defendant to allow the export forthwith of logs currently stored at its log pond and logs, approximately 3000 cubic of round logs already felled and awaiting shipping to Sisirohana log pond.

The application seeks permission to load, ship and the export of approx. 9000 cm of logs and by para 1, permission with respect to the 3000cm yet to be brought to the log pond.

As well the applicant Metro Team Ltd seeks remuneration pending further order in an amount of 60% for operational expenses of the total proceeds of all logs permitted to the exported, and another order concerning the payment of the balance of the proceeds into a solicitors joint trust account.

These orders are appeared by Mr. Rano who pleads that the Claimants, Henry Lavi and others have shown a good case, as those landowners entitled to the timber resource, to seek responsibility for the shipping and sale of the logs felled. There is no material before me in relation to that assertion of responsibility. The matter is one for consideration on the 2^nd leg of the principle in the American Cyanamid case.

The balance of convenience is with the applicants, for on the statements filed in support it is clear the value of the logs felled, presently stopped from export will diminish overtime if they remain in the bush or log pond. They will rot.

The applicants have already arrangement in place to ship the logs and delay will increase the cost to the applicant and diminish the money eventually available for disbursement to those found entitled.

The practice of putting money of this nature into a trust account is accepted in the logging community where disputes of this nature arise.

For these reasons the balance of convenience is with the applicant.

I make orders in terms of para’s 1, 2, 4, 5 & 6 of the application. In so far as paragraph 5 of the application is concerned, the last sentence is struck out. The first part of the paragraph shall be read consequent upon orders in terms of paragraphs 1, 2 & 4, less the export duty.

I adjourn the application in relation to para.3 to a date to be fixed for assessment once the applicant has addressed the issue raised by Mr. Rano concerning proof of the expenses.

The hearing date before my brother judge is vacated.

The matter may be relisted by the Registrar for a pre-trial conference before me.

BY THE COURT