Tausuli v Starwood Resources [2020] SBHC 57; HCSI-CC 533 of 2017 (13 July 2020)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Tausuli v Starwood Resources
Citation:
Date of decision:	3 and 13 July 2020
Parties:	Joseph Tausuli, Ngu Brothers (SI) Limited v Starwood Resources, New Ocean, Treasury Timbers limited, Attorney General
Date of hearing:	26 June 2020
Court file number(s):	533 of 2017
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Kouhota J
On appeal from:
Order:	I will give 7 days for Claimants to deposit the money or surrender the assets under Order 3 above.
Representation:	Kwaiga L for the Claimants Kilua S.A for the Defendants
Catchwords:
Words and phrases:
Legislation cited:	Solomon Islands Courts( Civil Procedure) Rules 2007, R 23.13
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 533 of 2017

BETWEEN

JOSEPH TAUSULI (T/A Vangasili Investment)
First Claimant

NGU BROTHERS (SI) LIMITED
Second Claimant

AND:

STARWOOD RESOURCES
First Defendant

NEW OCEAN
Second Defendant

TREASURY TIMBERS LIMITED
Third Defendant

ATTORNEY GENERAL
Fourth Defendant

Date of Hearing: 26 June 2020
Date of Ruling: 3 & 13 July 2020

For Claimants: Kwaiga L (L & L Lawyers)
For the Defendants: Kilua S. A (Rano & Co.)

SENTENCE FOR CONTEMPT OF COURT

Kouhota PJ

On 3^rd July 2020, the court found the First Claimant and its director, Mr Joseph Tausuli, and the Second Claimant and its director, Mr Dereck Ngu, guilty of contempt of court for deliberately disobeying the orders of the court without any lawful or reasonable excuse. After this finding, I adjourn the matter to hear submissions from counsels on the issue of appropriate penalty. The court had received the written submission and heard oral submission on 10^th July 2020.

I have read the written submissions of counsels and the case authorities submitted in support of the submissions. I had also heard oral submissions of counsels. I take those submissions into consideration in deciding the appropriate penalties to be imposed. I noted from the facts of the case that the Claimants not only defied the court orders once but on several occasions. The orders defied are contained in the consent variation order agreed to by the parties themselves and signed on their behalf by their counsels. I am sure the two Claimants are well aware of the orders but deliberately choose not to comply with the orders. Disobedience and disregard of court orders is a serious matter. It shows that the Claimants have no respect for the court. I must warn that such behaviour is inexcusable and cannot be tolerated. I also take judicial notice that these two persons found guilty of contempt, in this case, were also found guilty of contempt of court by this court two weeks ago for disobeying similar orders as in this case. Having considered the submissions of counsels, the previous conviction of these two claimants and all the other circumstances surrounding the claimant's contempt of court in this matter as provided under Rule 23.13 of the Civil Procedure Rules 2007, I will impose the following penalties;

1. The First Claimant is committed to three months imprisonment but may be released on payment of the proceeds of logs exported via MV Portland Voyage 1706 into a Joint Trust Account of Solicitors or on surrender of assets in Order 3
2. Mr Derreck Ngu, the director of the Second Claimant, is committed to three months imprisonment but may be released on payment of proceeds of logs exported via MV Portland Voyage 1706 into a Joint Trust Account of Solicitors or on surrender of assets as in Order 3
3. The Second Claimant, Ngu Brother Ltd, fine $5000 forthwith and to surrender to the court assets including machinery valued up to the value of logs exported via MV Portland Voyage No. 1706. Any asset held under this order to be released when the deposit ordered in order 1 and order 2 is made.

I will give 7 days for Claimants to deposit the money or surrender the assets under Order 3 above.

IRA.

The Court
Justice Emmanuel Kouhota
Puisne Judge