Horomauri v Indispensable Lumber Co [2025] SBHC 16; HCSI-CC 356 of 2023 (5 March 2025)

HIGH COURT OF SOLOMON ISLANDS

Case name:	Horomauri v Indispensable Lumber Co
Citation:
Date of decision:	5 March 2025
Parties:	Chris Horomauri and Davi Warakohia v Indispensable lumber Company
Date of hearing:	5 March 2025
Court file number(s):	356 of 2023
Jurisdiction:	Criminal
Place of delivery:
Judge(s):	Lawry; PJ
On appeal from:
Order:	The claim is struck out. The Claimant is to pay the costs of the Defendant, if not agreed to be taxed
Representation:	No Appearance for the Claimant Mr. J Apaniai for the First Defendant
Catchwords:
Words and phrases:
Legislation cited:	Solomon Islands Courts (Civil Procedure) Rule 2007, r 7.12, r 8.19
Cases cited:

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 356 of 2023

BETWEEN

CHRIS HOROMAURI and DAVID WARAKOHIA
(Representing Paleo Timber Milling)
Claimant

AND:

INDISPENSABLE LUMBER COMPANY
First Defendant

Date of Hearing: 5 March 2025
Date of Ruling: 5 March 2025

No Appearance from the Claimant
Mr. J Apaniai for the First Defendant

Lawry; PJ

RULING

1. These proceedings commenced with an application for restraining orders being filed on 21 July 2023. On 29 September 2023 in accordance with Rule 7.12 the Court ordered the Claimant to file and serve a claim within 7 days, identifying the date for doing so as 6 October 2023.
2. No claim was filed until 16 October 2023 and no explanation has been made for the late filing nor has there been an application to extend the time for filing the claim. By 3 November 2023 the Claimant had still not served the claim. On that date the Court ordered that it be served by 10 November 2023. The Court further ordered that counsel confer and bring proposed directions to a mention hearing on 26 January 2024.
3. On 26 January 2024 Mr Apaniai appeared for the First Defendant but there was no appearance for the Claimant. On 15 February 2024 the Court noted that the claim did not appear to show a cause of action against the Second Defendant. The Court made orders concerning the discovery process. The First Defendant complied with those orders, the Claimant did not. On 28 March 2024, a month after it was due to be filed, the Claimant filed a sworn statement of his list documents. That document must have been incomplete as it referred to only one letter and to the Court documents that had been filed.
4. There was a mention hearing on 28 March 2024 but there was no appearance by or on behalf of the Claimant. The Court made an ‘unless’ order in relation to the Claimants failure to file and serve their list of documents. On 2 May 2024 the Claimant again failed to appear at the mention hearing.
5. On 16 May 2024 all parties were present. A date was set for the pre-trial conference. Counsel were directed to liaise and have agreed facts and issues filed before 6 June 2024.
6. On 6 June 2024 there was no appearance by or on behalf of the Claimant. The Court noted that no agreed facts and issues had been filed. The Court directed that the agreed facts and issues be filed by close of business on 20 June 2024. The Parties agreed bundle of documents to be filed by close of business on 4 July 2024 and the index to the Court Book by close of business on 18 July 2024. Notices to cross examine were to be provided by close of business on 31 July 2024. The Claimant was to file and serve the Trial Book by close of business on 1 August 2024. The Trial was set for 14 August 2024.
7. On 1 August 2024 there was a mention hearing. One of the Claimants appeared in person and Mr Apaniai appeared for the First Defendant. The Claimant told the Court that they were not yet ready for trial. The Court adjourned to 7 August 2024 for counsel to inform the Court if the trial was able to proceed. It was noted that the Claimant had not complied with the other orders made in relation to the trial. There was no index, no agreed facts and issues, no agreed bundle of documents no notices for cross examination, and no Trial Book.
8. The trial was then vacated. On 22 August 2024 the Court directed that there would be a mention on 5 September 2024 and all outstanding matters were to be completed by that date.
9. The outstanding matters to be addressed were not attended to. On 12 September 2024 the parties were all represented. The trial date was set for 25 October 2024. Also on 12 September 2024 all parties signed a consent order removing the Second Defendant as a party to the proceedings.
10. On 3 October 2024 as the previous orders had not been complied with the trial scheduled for 25 October 2025 was vacated and a fresh pre-trial conference was set.
11. On 15 October 2024 the First Defendant filed a sworn statement of Luke Sitana. In that sworn statement the deponent asserted that the First Defendant had not carried out logging in Awarosi Hatare land. He deposed that the First Defendant had logged in another block of land that resulted in a settlement being reached with those involved.
12. On 21 October 2024, Mr Balea appeared for the Claimant and Mr Apaniai for the Defendant. The trial date was fixed for 22 November 2024. The Agreed Facts and Issues were to be filed by 31 October 2024. The notices to cross examine and the Trial Court Book were to be filed by 15 November 2024.
13. The First Defendant complied with the notice to cross examine the Claimant did not. The trial did not proceed on 22 November 2024 as the Court was told that Mr Balea was ill. That did not explain why the other orders were not complied with.
14. There was a further mention on 28 November 2024. There was no appearance by or on behalf of the Claimant. The Court made fresh orders for the trial. The Claimant was ordered to provide the proposed Court Book index to the First Defendant by 5 December 2024. The index was to be filed by 12 December 2024. The Court Book was to be filed by 31 January 2025. The other directions given on 21 October 2024 were to be complied with. Mr Balea was ordered to notify the Court by close of business if the proposed trial date on 7 March 2025 was not suitable.
15. By 3 March 2025 it appeared that the Claimant had not complied with the orders of the Court. The Court prepared a Minute directing the parties to appear at 1.00pm on 5 March 2025 to address the Court on whether the claim should be struck out in accordance with Rule 8.19. The Court provided that minute to both parties.
16. Mr Apaniai appeared on 5 March 2025 for the First Defendant but there was no appearance by or on behalf of the Claimant. Mr Balea had not indicated that the trial date was unsuitable. He had not filed a Court Book or index or agreed facts and issues. He had provided no notice to cross examine.
17. After giving counsel the opportunity to be heard the Court concluded that the proceedings must now come to an end. The Claimant had repeatedly failed to comply with the orders of the Court without providing an explanation for the failure. The Claimant had disclosed only one letter other than the Court documents. The Claimant had not required any witness for cross examination which would result in the evidence for the defence being unchallenged. Accordingly the claim is struck out in accordance with Rule 8.19 of the Solomon Islands Courts (Civil Procedure) Rules 2007.

Orders

1. The claim is struck out.
2. The Claimant is to pay the costs of the Defendant, if not agreed to be taxed.

By the Court
Hon. Justice Howard Lawry
Puisne Judge