Solomon Sheet Steel Ltd v Siosi [2024] SBHC 112; HCSI-CC 436 of 2023 (5 September 2024)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Solomon Sheet Steel Ltd v Siosi
Citation:
Date of decision:	5 September 2024
Parties:	Solomon Sheet Steel Limited v Lemuel Beti Siosi, LBS Engineers Limited, LBS Construction, Attorney General
Date of hearing:	5 September 2024
Court file number(s):	436 of 2023
Jurisdiction:	Civil
Place of delivery:
Judge(s):	Bird; PJ
On appeal from:
Order:	I hereby enter default judgment against Mr Siosi, LBSEL and LBSC in the sum of $380,476.21 jointly and or severally. I also order interest and cost.
Representation:	Ms J Sogedy for the Claimants Mr Evans Olofia for the 1st, 2nd & 3rd Defendant (No Appearance) Mr Allen L Harara for the Third Party
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IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 436 of 2023

BETWEEN

SOLOMON SHEET STEEL LIMITED
Claimants

AND:

LEMUEL BETI SIOSI
First Defendant

AND:

LBS ENGINEERS LIMITED
Second Defendant

AND:

LBS CONSTRUCTION
Third Defendant

AND:

ATTORNEY GENERAL
(Representing the Ministry of Health and Medical Services)
Third Party

Date of Hearing: 5 September 2024
Date of Decision: 5 September 2024

Ms J Sogedy for the Claimant
Mr Evans Olofia for the 1^st, 2^nd & 3^rd Defendant (No Appearance)
Mr Allen L Harara for the Third Party

RULING

Bird PJ:

1. This is a quantified money claim by Solomon Sheet Steel Limited (SSSL) against Lemuel Beti Siosi, LBS Engineers Limited (LBSEL) and LBS Construction (LBSC) for the sum of $380,476.21 with interest and cost.
2. A Category B Claim was filed by SSSL on 7 September 2023. An Amended Claim was thereafter filed on 26 September 2023. That Amended Claim was served on Mr Siosi, LBSEL and LBSC at White River on 4 October 2023. They did not file any defence to the Amended Claim.
3. They nonetheless filed a Third Party Notice to the Attorney General on 27 November 2023. The Attorney General responded to the notice on 16 July 2023. The Attorney General states that they did not pay the invoices to Mr Siosi, LBSEL and LBSC because LBSEL failed to rectify defects and other issues relating to quality and poor workmanship of previous works required by the Attorney General. There was no further response to that allegation by Mr Siosi, LBSEL and LBSC.
4. On 13 November 2023, I directed that Mr Siosi, LBSEL and LBSC were required to file their application for leave to extend time to file their defence to the amended claim with supporting sworn statements by 27 November 2023. They filed their supporting sworn statement on 26 November 2023. The application for leave has never been filed to this day. As a consequence of that failure, SSSL filed an application for default judgment on 3 April 2024.
5. This matter was called on 6 August 2024. Mr Olofia appeared for Mr Siosi, LBSEL and LBSC. I made orders inter alia that Mr Siosi, LBSEL and LBSC to file and serve sworn statements in response to the application for default judgment by 13 August 2024. They were further required to file and serve their response submission by 27 August 2024. The hearing for SSSL’s application was fixed by me on that date as 5 September 2024 at 1.30pm.
6. On the other hand, SSSL was required to file and serve their written submission by 20 August 2024. Their submission was filed on the date nominated.
7. Mr Siosi, LBSEL and LBSC did not file any sworn statement nor their submission to this day.
8. I sat in court at 1.30pm today. Ms Sogedy and Mr Harara appeared. Mr Olofia of counsel for Mr Siosi, LBSEL and LBSC did not appear in court. There was no explanation for his absence. I decided to proceed with the hearing notwithstanding. Mr Harara was excused from taking part in the hearing because the application for default judgment does not affect the Attorney General.
9. The only issue that I must be satisfied with in an application for default judgment is whether or not the Amended Claim was served on Mr Siosi, LBSEL and LBSC.
10. I have perused the sworn statement of Aloysious Votu filed on 4 October 2023 and I am satisfied that the Amended Claim was served on Mr Siosi, at White River on 3 October 2023. I am further satisfied by virtue of the sworn statement of Jason Lee filed on 25 September 2023 that LBSEL and LBSC are entities solely owned by Mr Siosi. Therefore, service of the Amended Claim was effectively done on all of them.
11. Having being satisfied that service was validly effected, I hereby enter default judgment against Mr Siosi, LBSEL and LBSC in the sum of $380,476.21 jointly and or severally. I also order interest and cost.

THE COURT
Justice Maelyn Bird
Puisne Judge