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Ashley v Australia and New Zealand Banking Group [2015] SBCA 9; SICOA-CAC 6 of 2014 (13 April 2015)

SICOA NO 6 OF 2014

IN THE SOLOMON ISLANDS COURT OF APPEAL

COURT: We have been able to reach a decision on the application and I am going to give briefly the reaons of the Court in coming to its conclusion. We come to the conclusion that it has not been established that the Respondent Bank was prejudiced having removed the charge which they once had on this property given that the Respondent Bank at the same time benefitted from payment of the whole of the Judgment debt.

Now we note that there was no indication prior to payment of the judgment debt from the Appellant that the purpose of payment was intended to signify acknowledgement of the correctness of the judgment. We note there are many reasons why a litigant may choose to settle a judgment debt in this way rather than seek a stay of the judgment and we do not regard anything improper about that. We also note that payment of the judgment debt will not always, as suggested by the Respondent Bank, amount to an estoppel.

For those reasons the application to strike out the appeal is dismissed with costs, those costs to be agreed or taxed. Thank you.

Goldsbrough
President of the Court of Appeal

Ward JA
Member of the Court of Appeal

Palmer CJ
Member of the Court of Appeal