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Savubo Tribal Community Trust Board v Australia and New Zealand Bankng Group Ltd [2013] SBHC 206; HCSI-CC 99 of 2012 (17 June 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 99 of 2012

BETWEEN:

SAVUBO TRIBAL COMMUNITY TRUST BOARD
(Registered Trust Board under the Charitable
Act (Cap. 115)
Claimants

AND:

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
Defendant

Date of Ruling : 17 June 2013

M. Tagini for Claimants
A. Radclyffe for Defendant

RULING

1. This is an application filed on 21 March 2013 by the Defendant for an order that this proceeding be stayed until judgment in Civil Case No. 166 of 2012. The Claimants made an objection to this application.
   
2. The proceeding in Civil Case No. 166 of 2012 is a case between Ms Florence Harry Virivolomo ("Florence") and Patrick Besa -v- Tamana Aseri and Bulacan Integrated Wood Industries (SI) Company Ltd ("Bulacan"). The Claimants are Florence and Besa, while Mr. Aseri is the First Defendant and the Bulacan is the Second Defendant. The issue for determination includes the identification of the correct members of the Savubo Tribal Community Trust Board ("the Trust Board"). In paragraph 1 of the statement of case in Civil Case No. 166 of 2012, Florence claims that she is the duly appointed Chairlady of the Trust Board in place of Tamana Aseri.
   
3. In this proceeding the Defendant is defending the claim on the ground that monies from the Savubo ANZ account were paid to Florence in her capacity as Chairlady of the Trust Board. The claimant alleges that the Bank paid the money to the wrong person.
   
4. The court has head submissions by counsels for the Claimants and the Defendant on this application. The liability of the Defendant will depend upon whether or not the Defendant had paid out trust money deposited with it to the correct trustees of the Claimant. That will involve evidence on the election of the trustees, their removals and replacement. The evidence on these matters would obviously be available in the Claimants records. They may be used as exhibit at the trial in Civil Case No. 166 of 2012. The necessity and the length of the trial in Civil Case 99 of 2012 will depend on the decision in Civil Case No. 166 of 2012 where the records on the legitimate trustees would be derived.
   
5. The main complaint by the Claimant in Civil Case No. 99 of 2012 involves an accusation by the Claimants against the Defendant in that it had negligently paid out the sum of $600,000.00 to non-members of the trust board. This would require the evidence of the correct membership of the Claimants' Trust Board at the time of the withdrawal of this sum of money.
   
6. The view of this court is that civil case no. 99 of 2012 should be stayed pending the decision on Civil Case No. 166 of 2012.
   

Order: 1. This application is allowed.

2. This Civil Case No. 99 of 2012 is stayed pending the judgment in Civil Case No. 166 of 2012.

3. Costs of this application in the cause.

THE COURT