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JP Enterprises v Attorney General [2013] SBHC 5; HCSI-CC 261 of 2011 (25 February 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No. 261 of 2011

BETWEEN:

JP ENTERPRISES
Claimant

AND:

THE ATTORNEY-GENERAL
(Representing the Premier and the Executive of Western Province)
Defendant

Hearing : 15 February 20123
Ruling : 25 February 2013

P. Watts for the Claimant
R. Firigeni for the Defendant

RULING

[1] This claim was filed on 18 February 2011. It was for Judicial Review. The Claimant sought two mandatory orders against the Defendant. The First, is that a mandatory order be issued against the Defendant to command the Western Provincial Executive to display copies of the Form 1 Application issued by the Commissioner of Forests on 27 May 2011 in public at relevant locations as required under Section 8 (1) and (2) of the Forest Resources and Timber Utilisation Act (Cap. 40). The Second, is in the event that JP Enterprises current Form I has expired and is re-validated and re-issued by the Commissioner of Forest, the court shall further issue a mandatory order requiring the said Executive to carry out its statutory duty under Section 8 (1) and (2) of the Forest Resources and Timber Utilization Act by displaying the said application Form 1 in public with the date of the timber rights hearing.

[2] A copy of the claim was served on the Defendant on 18 July 2011. Subsequent to that service, the relevant solicitor at the Defendant's office made contacts with the relevant officers at the Western Provincial Office at Gizo regarding the case. Since there was no response from the Defendant for some time, due to the reason that instructions were yet to be received from the Provincial Secretary to Western Province, the Defendant received notice of an application from the Claimant for default judgment.

[3] However, on 15 December 2011, the Claimant and the Defendant agreed on a Consent Order rather than proceeding with the application for default judgment. The terms of the order states:

"1. The Western Provincial Executive is hereby commanded from the date of this order until the 5th of March 2012:

(a) To display copies of the Form 1 Application as required under Section 8 (1) and (2) of the Forest Resources and Timber Utilization Act and

(b) To conduct timber rights hearing for the purpose of determining the matters set out under Section 8 (3) of the Forest Resources and Timber Utilization Act.

2. There are no orders to costs."

[4] The above consent order was varied on 1 March 2012 as follows:

"By consent of the parties and their respective legal representatives to vary the consent order signed and perfected on 15th day of December 2011, the court orders that:

1. The Western Provincial Executive is hereby commanded from the date of this order:
   
   • (a) To display copies of the Form 1 Application as required under Section 8 (1) and (2) of the Forest Resources and Timber Utilization Act and
     
   • (b) To conduct timber rights hearing on the 1st day of May, 2012 for the purpose of determining the matters set out under Section 8 (3) of the Forest Resources and Timber Utilization Act.
     
2. There are no orders as to courts."
   

[3] Counsels for the parties were in this court on 15 February 2013. They expressed the view that the consent order of 15 December 2011 must be complied with by the Western Provincial Executive.

[4] It is clear that the consent order of 1 March 2012 has yet to be complied with. However, Counsels have not told the court whether the Western Provincial Executive was aware of that order. The Second Defendant needs to get in touch with Provincial Secretary so that appropriate action be done to comply with the order as soon as possible.

THE COURT