HC-CC No: 215 of 1999
SOLOMON MOTORS LIMITED
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-v-
BUDGET RENT A CAR
CORPOR,
BUDGET RENT A CA A CAR INTERNATIONAL INCORPORATION
HIGH COURT OF SOLOMON ISLANDS
(PALMER J.)
CASE NO: 215 OF 1999
HEARING: 08 SEPTEMBER 1999
RULING: 08 SEPTEMBER 1999
SOL-LAW FOR THE
PLAINTIFF/APPT
MOTIS PACIFIC LAWYERS FOR THE DEFENDANTS/RESPONDSPONDENTS
PALMER J.:
The focus on this application this afternoon noon by learned Counsel Ms Wilson
for the Respondents must not be lost
sight in the midst of Counsel's
negotiations and attempt to get a settlement in place.
It was unfortunate for alt
this application could not proceed yesterday (7th September 1999) as
scheduleeduled simply
because the judge presiding, myself was not available due
to illness. I find nothing to suggest that the Respondents were not
in a
position to proceed. I accept as undisputed that the Respondents had engaged
overseas Counsel to attend on their
behalf yesterday, who were prepared to
proceed but could not; not of their own making. I had indicated in this
hearing
that I had left instructions with the Registry Clerks that I should
be available today (Wednesday 8th September) or Thursday
to hear the
application of the Applicants if parties could agree on a date and time.
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Parties however had seized on
that time ter into further negotiations, which they were entitled to d to
do, to work on
a settlement term.
It seems to me that whthat
was going on, there appeared to be some mis-understanding between Counsels
themselves
as to when the adjournment date for the Summons of the Applicant
could be heard. It is clear there was mention of the 14/9/99
at 1:00 pm and
an agreement in principle conceded by Mr McQuire. That adjournment would not
have mattered had what appeared
to be an agreement arrived at yesterday had
been accepted as final by the parties this morning.
Up until this morning,
thee it was not clear to the parties themselves what the true true position
of the case would be.
The adjournment date unfortunately had not been
confirmed by this Court. That is clear in my view from submissions of
learned Counsels.
I notMcQuire's submission
that he is ready to proceed today. However the Respondents are nare not, without
overseas Counsels
who had been engaged to take up this matter. Whatever the
submissions presented by Mr McQuire, whether right or not that this
matter
can be dealt with by Motis Lawyers, I bear in mind that the engagement of
Overseas Counsel in this case is a right
of the Respondents and that they
had indeed demonstrated a willingness to come all the way to represent their
client.
To deny them that right now in my respectful view would not be fair
to the Respondent.
But of importancey
respectful view is the fact that no adjournment date had actually been
confironfirmed by this Court
or the Registry Office to Counsels. The matter had
simply been left in limbo till this afternoon.
I also bear in mind no
prejudill be suffered by the Applicants if an adjournment is grantgranted to
the 14th.
I also point out that whether
overCounsel are available on that date or not, will not affect fect the
hearing on that
date. Motis Lawyer must be prepared to proceed with the case
in their absence.
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On the issue of costs, whilst I
appreciate the concerns and submissions r, in my respectful view thew the
proper order
for costs would be in the cause.
Adjournment made to 14/9/99 at
2:00Orders made by this court on 30/8/99 which affect this matt matter to
continue.
THE COURT
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