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Synjaya Company Ltd v Haw [2016] SBHC 170; HCSI-CC 406 of 2015 (30 September 2016)

IN THE HIGH COURT
OF SOLOMON ISLANDS
Civil Jurisdiction

BETWEEN: SYNJAYA COMPANY LIMITED - Claimant

AND: KIU SIONG HAW - Defendant

Date of Hearing and Ruling: 30 September 2016

Mr. D. Lidimani for claimant
No appearance of defendant

Application seeking to strike out costs order in absence of claimant

Brown J:

Reasons:

The change of representatives was made on the 9 June after the award of cost in April. By agreement in the order given in April the claimant then undertook to file a notice of discontinuance. No notice of discontinuance has been filed. The previous judge who had carriage by this matter was clearly relying on advice from counsel at that time that a notice of discontinuance would be filed. The judge made an order to that effect. Compliance with that order is not apparent.

Mr. Lidimani is before me today for the claimant. He seeks in the absence of the representative for the defendant, an order striking out the award for costs. The order was made. I refuse that oral application for on the face of the earlier order. There is a breach preventing Mr. Lidimani from being heard on that issue. The cost application cannot be agreed to in the absence of representation. The application for costs shall proceed to the taxed by the Registrar on a date to be fixed.

__________________
BROWN J