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Naisi v Western Customary Land Appeal Court [2023] SBHC 18; HCSI-CC 298 of 2012 (6 April 2023)

HIGH COURT OF SOLOMON ISLANDS

IN THE HIGH COURT OF SOLOMON ISLANDS
CIVIL JURISDICTION

Civil Case No. 298 of 2012

BETWEEN

GILISI NAISI AND EDRICK LUNA
(Representing the Dekurana Tribe of North New Georgia)
Claimants

AND:

WESTERN CUSTOMARY LAND APPEAL COURT
First defendants

AND:

PREMIER OF WESTERN PROVINCE
(Representing the Western Provincial Assembly)
Second Defendant

AND:

COMMISSIONER OF FOREST RESOURCE
Third Defendant

AND:

ROYCE ALEKEVU, DAVID ALEKEVU, SHANE TUTUA, KILVEN BENNY, OPPORTUNITY KUKU AND JOSHUA LETI
(Representing the Hetaheta and Leghu Tribes of North New Georgia)
Fourth Defendant

AND:

EARTH MOVER SOLOMON LIMITED
Firth Defendant
AND:

ATTORNEY GENERAL
Sixth Defendant

Date of Hearing: 10 March 2023
Date of Ruling: 6 April 2023

Mr Lepe for the Claimant/Applicants
No Appearance for First, Second Third and Sixth Defendant
Mr Dive for the Fourth and Fifth Defendant/Respondents

Keniapisia’ PJ

Ruling on Assessment of Cost

1. On the 1/10/2021, I terminated this proceeding early in favour of the claimants on an application for summary judgment. I awarded cost against the defendants and say cost will be assessed, if not agreed. I also say, I will assess costs. I do so now.
2. Counsel Lepe for the claimants submit that the total bill of cost his clients are entitled to from the defendants is $155,601.92. Counsel Dive submitted that his clients do not agree with that amount because some of the items claimed for in the bill of cost such as airfare and accommodation lacked supporting evidence, as in receipts.
3. Whilst I cannot dispute or agree with the cost claimants say they are entitled to, I have a discretion to decide how or whether to award cost, notwithstanding what Chapter 24 may provide on award of costs (Rule 24.1). I can also order the losing party to pay only some of the other party’s costs not all of the costs (Rule 24.2 and 24.4 (b)). This rule is a clear signal to a winning party that not all of its costs may be recovered from the losing party. Furthermore Rule 24.13 says I can award costs outside of the Schedule.
4. Consistent with Rule 24.2, 24.4 (b) and 24.13, I will award cost against defendants at $50,000.00 not $155,601.92. I also think the submissions by defendant that some of the costs items lacked supporting evidence is a valid one. I account for that in the partial award of costs made herein under Rule 24.2 and 24.4 (b). Order accordingly.

THE COURT
JUSTICE JOHN A KENIAPISIA
PUISNE JUDGE