Saeni v MS Xiao Hong Hu [2023] SBHC 43; HCSI-CC 646 of 2022 (27 June 2023)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Saeni v MS Xiao Hong Hu
Citation:
Date of decision:	27 June 2023
Parties:	Robu Saeni v MS Xiao Hong Hu
Date of hearing:	27 of June 2023
Court file number(s):	646 of 2022
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Bird, PJ
On appeal from:
Order:	I hereby exercise my discretion under rule 9.14 of the CPR to dismiss this claim and so order accordingly. I make no orders as to cost. Right of appeal.
Representation:	Ms Cathleen Kouhota for the Clamant (No Appearance) Mr Allan Hou for the Defendant
Catchwords:
Words and phrases:
Legislation cited:	Solomon Islands Courts (Civil Procedure) Rules 2008, r1.3
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 464 of 2022

BETWEEN

ROBU SAENI
Claimant

AND:

MS XIAO HONG HU
Defendant

Date of Hearing: 27 June 2023
Date of Decision: 27 June 2023

Ms Cathleen Kohata for the Claimant (No Appearance)
Mr Allan Hou for the Defendant

Ruling on dismissal

Bird PJ:

1. Ms Cathleen Kohata of the Public Solicitors Office filed a Category B Claim on behalf of the claimant on 7 October 2022. A defence was filed by Mr Hou on the 5^th December 2022 on behalf of the defendant. The matter was listed before me on the 7^th March 2023 at 9.30am for mention. To progress the matter to trial, I made several direction orders namely:
   1. The claimant to file and serve a reply by the 22 March 2023;
   2. Discovery by lists on the 29 March 2023;
   3. Inspection by the 5^th April 2023;
   4. Interrogatories (if any) by the 19^th April 2023;
   5. Answers (if any) by the 3^rd may 2023,
   6. Filing of sworn statements by parties by the 24^th May 2023;
   7. Index to court book by the 7^th June 2023;
   8. Filing of court book by the 21^st June 2023;
   9. Matter listed for PTC on the 27^th June 2023 at 1.30pm; and
   10. Cost in the cause.

I advised counsel on the 7^th March 2023 to take out the orders and the court shall endorse them. Ms Kohata for the claimant undertook to take out the said orders.

2. On the 27^th June 2023 at 1.30pm the matter was called as scheduled. There was no filed direction orders on file and Ms Kohata was also not in court to prosecute her client’s claim. Mr Hou appeared and told the court that he did not comply with court direction orders because there was no signed direction orders served on him. The court told Mr Hou that both Ms Kohata and himself were in court before me on the 7^th March 2023 when the court made the direction orders. The court has noted the orders on the court file and he should also have noted down the said orders and there was no good reason for non-compliance.
3. The first direction order was for Ms Kohata to file her reply by the 22^nd March 2023. That order was not complied with. The rest of the direction orders were also not complied with by either party. There is no good and valid reason given for non-compliance with court orders. The court has noted that adjournments of this nature had caused delays in the timely resolution of cases before this court under rule 1.3 of the Solomon Islands Courts (Civil Procedure) Rules 2008 (CPR). The court had given enough time to parties to progress the matter. I would not have exercise my discretion as I did in this case if some of the orders of the 7^th March 2023 were complied with. Having stated my reasons, I hereby exercise my discretion under rule 9.14 of the CPR to dismiss this claim and so order accordingly. I make no orders as to cost. Right of appeal.

THE COURT
Justice Maelyn Bird
Puisne Judge