United Machinery & Part (SI) Ltd v Global (SI) Ltd [2021] SBHC 79; HCSI-CC 243 of 2020 (1 June 2021)

HIGH COURT OF SOLOMON ISLANDS

Case name:	United Machinery & Part (SI) Ltd v Global (SI) Ltd
Citation:
Date of decision:	1 June 2021
Parties:	United Machinery & Part (SI) Limited v Global (SI) Limited
Date of hearing:	26 March 2021
Court file number(s):	243 of 2020
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Kouhota; PJ
On appeal from:
Order:	I give judgment for the claimant in the amount of $1,129,266.76 plus interest. Cost against the defendant to be taxed if not agreed.
Representation:	Radclyffe A for the Claimant Nimepo D for the Defendant
Catchwords:
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Legislation cited:
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 243 of 2020

BETWEEN

UNITED MACHINERY & PART (SI) LIMITED
Claimant

AND:

GLOBAL (SI) LIMITED
Defendant

Date of Hearing: 26 March 2020
Date of Judgment: 1 June 2021

Radclyffe A for the Claimant
Nimepo D for the Defendant

Judgment

Kouhota PJ
Background

The Claimant sold and supplied Vehicles and machinery to the defendant during the period 2016 to 2020. As of the date, the claim was filed the outstanding amount was $1,129,266.76

On 1^st October 2019, the defendant borrowed $100,000-00 from the claimant, gave to the claimant a post-dated cheque for the amount. When the cheque was presented on 3^rd April 2020 at Pan Oceanic Bank (POB) the cheque was dishonoured. The defendant has failed to repay the loan or any part thereof. In 2016 and 2017, the defendant gave the claimant cheques in part payment for spare parts supplied drawn on its POB bank account but the cheques were dishonoured by the bank.

The claimant is claiming $1,129,266-76 together with interest.

The defendant had filed its defence on 26^th June 2020 and denied the claim. The defendant says it continues to make payments until 28^th March 2020 and denied each and every allegation contained in the statement of claim. Apart from the defence filed on 26^th June 2020 in which the defendant denied the claim the defendant did not adduce any evidence in support of its denial.

The sworn statement of Mr Yee Wen Yew filed on 26^th January 2021, tendered as evidence in chief, stated that the defendant had made part payments with cheques draw on the defendant's account. Annexed to the sworn statement of Yee Wen Yew exhibit marked YWY 3 is a copy for $100,000-00 and payment voucher dated 1^st October 2019 signed by the defendant’s representative. In the sworn statement of Mr Yee Wee Yew stated that despite several demands for payment, the defendant still owes the amount claimed. On the materials before the court, the claimant’s evidence remained unchallenged thus I am satisfied the claimant has proved its claim on the balance of probability. I give judgment for the claimant in the amount of $1,129,266.76 plus interest. Cost against the defendant to be taxed if not agreed.

The Court
Justice Emmanuel Kouhota
Puisne Judge