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Totorea v Houianieu [2009] SBCA 3; CA-CAC 26 of 2008 (25 March 2009)

IN THE SOLOMON ISLANDS COURT OF APPEAL

EX TEMPORE DECISION

HANSEN JA: The appellants appeal against the award of compensation made by the Chief Justice on the 10th of September 2008 in relation to one tambu site. His calculation can be found at page 4 of the judgment. The appellant’s position is that the calculation amounts to a mathematical error and that the correct sum of $800,000 should have been used instead of $80,000.

Mr Tegavota who appeals for the first and third respondents does not oppose the appeal. Given the contents of the Registrar’s letter of the 16th of October 2008, we are not necessarily satisfied it was a simple mathematical miscalculation by the Chief Justice. However, given the concession made by Mr Tegavota, the appeal must be allowed in relation to the first and third respondents.

Accordingly, Order 1 of the Chief Justice is set aside and for it is substituted judgment for first and third respondents in the sum of $266,666.67. Cost will lie where they fall.

We would add that the special circumstances of this case it should not taken as setting a precedent value for tambu sites in future cases.

Orders 2 and 3 of the Chief Justice remain unaltered.

Goldsbrough JA
President of the Court of Appeal

Williams JA
Member of the Court of Appeal

Hansen JA
Member of the Court of Appeal