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Golden Springs International (SI) Co Ltd v North New Georgia Timber Corporation [1997] SBCA 7; CA-CAC 9 of 1997 (11 December 1997)

THE COURT OF APPEAL OF SOLOMON ISLANDS

JUDGMENT

THE COURT: In this appeal the respondent seeks an adjournment of the appeal to the next sittings of the Court because his legal representative is unavailable. The respondent does not offer an undertaking as to damages as a basis for a continuation of the existing injunction granted by the Chief Justice. Since that injunction was granted the Government surveyor has presented the report as to boundaries sought by the Chief Justice. The respondent has indicated that he has engaged or will engage a surveyor to challenge that report as it is favourable to the appellants’ case. The adjournment sought will substantially prejudice the appellants.

In the circumstances we adjourn the hearing of the appeal to the next sittings of the Court on terms that the injunction is dissolved and the respondent pays the costs of the hearing to-day.

The Court makes the following orders.

1. Appeal adjourned to the next sittings of the Court.

2. Dissolve as from today the injunction granted by the Chief Justice on 23 July 1997 restraining the appellants from entering, felling & removing trees from Kazukuru Right Hand land in terms of paragraph 2 of the notice of motion at page 5 of the record of proceedings in this Court.

3. The respondent to pay the appellants’ costs of to-day’s hearing.

The Court adds, not by way of order that the pendency of the appeal should not be regarded as preventing or inhibiting the exercise by the High Court of its jurisdiction to hear and determine the notice of motion filed on 16 September 1997 in Civil Case No. 149 of 1997.

Mason P,
McPHERSON J.A,
CASEY J.A