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In re Russell Islands Plantation Estates Ltd (In Provisional Liquidation) [2002] SBHC 128; HSCI-CC 243 of 2001 (4 October 2002)

CC 243 2001 HC

IN THE HIGH COURT OF SOLOMON ISLANDS

Civil Case No. 243 of 2001

IN THE MATTER OF THE COMPANIES ACT (CAP. 175)

AND

IN THE MATTER OF RUSSELL ISLANDS PLANTATION ESTATES LIMITED (IN PROVISIONAL LIQUIDATION)

AND

IN THE MATTER OF AN APPLICATION BY INTERNATIONAL COMTRADE AND SHIPPING LIMITED

High Court of Solomon Islands
(Palmer J.)

Civil Case No. 243 of 2001

Hearing: 4th October 2002
Ruling: 4th October 2002

Mr. C. Ashley: for the applicant (International Comtrade & Shipping Limited)
Mr. J. Apaniai: for the Respondent (Russell Islands Plantation Estates Limited)
Mr. J. Sullivan: for the Petitioning Creditor Mobil Oil Australia Pty Ltd and for Sol-Law (a creditor)
Mr. P. Lavery: for Objectors Claudio Kabasi, Leonard Oge, Kwaeria Tabuke, Joe Haluepu and Allen Komelo (creditors and employees of the Respondent)
Mr. A. Nori: for Objector Idu Rara (creditor and employee of the Respondent)

Palmer J.: I have listened carefully to submissions of learned Counsel in respect of this application for extension of the time limited for Objectors to file affidavit evidence and read the affidavit of Roy Patrick Lavery filed 2nd October 2002, the affidavit of Charles K Ashley flied 4th October 2002 and the affidavit of Wayne Morns filed 4th October 2002.

When times are normal, Counsels have time to file documentary material in support of their clients cases and the court usual grants sufficient time for this purpose; affidavits in support to be filed within 7 or 14 days, replies to be filed within the same time frame etc. Unfortunately we do not always have those normal times with us. There come times when situations and circumstances demand that the time frame for filing documents have to be shortened. This is one of those cases in which the normal time periods sought by the Applicant Objectors cannot be applied. The situation before this court at best is urgent and critical. A lot of hard work has already been put in by everybody, including learned Counsels·assisting the parties and in particular the Provisional Liquidator, Mr. Morris. I have observed and listened to Mr. Morris in evidence and note the considerable burden and pressure he is under since his appointment as the provisional liquidator. I would not want to see this prolonged unnecessarily.

It is my respectful and considered view that the Summons of the Applicant filed 26th September 2002 for the sanction of the Scheme of Arrangement by the Court should be addressed expeditiously by the court. Already time has been allowed for affidavits in support of the objections to be filed. I am prepared to allow further time to Thursday 10th October 2002 at 4.00 p.m. and affidavits in reply to be filed by 4.00 p.m. Monday 14th October 2002. Any notices for cross examination of deponents to those affidavits should be served by 15th October and the matter to be heard at 9.30 a.m. 16th October 2002. Time estimate is three days for the hearing.

No further extensions will be considered. This is the final adjournment date for the said Summons.

The Court.

_________________________________________________________________________________

Mr. Sullivan: I think it should be made clear that Solomon Island National Union of Workers (“SINUW’) should also be served with the relevant documents.

Court: I make orders to that effect.

Mr. Lavery: Can the affidavits filed since the Creditors Meeting be served on me and Mr. Nori?

The Court: I make orders to that effect.

I also include orders for the protection and safety of RIPEL’s property, that anyone damaging or destroying any of those properties shall be liable to charged for contempt of court orders and to be sent to prison.

The Court.