Ray v Attorney General [2017] SBHC 70; HCSI-CC 261 of 2016 (11 September 2017)

IVARHLYN RAY -V- ATTORNEY GENERAL
(Claimant) (In respect of the Ministry of Culture and Tourism)
(Defendant)

HIGH COURT OF SOLOMON ISLANDS
(BROWN J)

Civil Case No. 261 of 2016

Date of Hearing and Judgment: 11 September 2017

Emerald Lawyers by M. Bird for claimant
Attorney General by R. Soma

Judgment for debt under implied contract to do work.

Brown J:

This claim is another arising out of unfortunate circumstances surrounding the apparent rush to finalize work necessary for a successful Festival of Pacific Arts in 2012, including work for building the village complex. As shown by the statement of Danny Fa’afunua the said Manager of the National Organizing Committee, contractors were doing works as directed including the supply in this case of timber used in construction of the village, timber approved for purchase by the site manager as evidenced by his signature to the invoice no 53.

Ms. Soma quite rightly argues there was no proper approval to this work in accordance with financial instructions. Those financial instructions relate to the management of government affairs and it is not incumbent on a building contractor in the circumstances surrounding the building of the village to satisfy himself that the government instructions have been followed when carrying out work directed to be done. He is entitled to rely on the apparent or ostensible authority of the site manager for the Organizing Committee when the material necessary to do the job was approved for payment.

The ostensible authority was apparent from the title and role of the site manager who perhaps had no power or authority pursuant to the financial instructions, but held himself out to be the responsible officer to sign and did approve invoices of this nature. In the absence of knowledge in the claimant that this person had no such authority, his indorsement of the invoice has bound the government. These circumstances giving rise to liability to pay for these rushed jobs, need be understood where future occasions, such as the South Pacific games take place.

There shall according be judgment for debt for the amount of the invoice in the sum of $186,474, plus interest from date of proceedings.

The Claimant shall have his costs on the 3^rd Schedule basis.

__________________
BROWN J