Solomon Islands - Index of Solomon Islands Law Reports

Published by the Institute of Pacific Studies of the University of the South Pacific with the authority of the High Court of Solomon Islands

Appeal (See also Practice and Procedure)
	bail on, principles for grant [Inito v. R]		177
Child
	custody of [B, In re]		223
Company
	winding up, appointment of provisional liquidator, principles for [Trading Company (Solomons) Limited, Re]		180
	order, prima facie case for [Trading Company (Solomons) Limited, Re]		180
Contract
	bailment, liability under [Solomon Islands Electricity Authority v. Solomon Islands Ports Authority]		160
	burden of proof [Solomon Islands Electricity Authority v. Solomon Islands Ports Authority]		160
	lease (See Landlord and Tenant)
Constitutional Law
	"Acts of general application", meaning of in Constitution [R v. Ngena]		1
	bias, tribunal of, waiver [Kevisi v. Talasasa and Another]		87
	Committee on Prerogative of Mercy
		constitution of [Kenilorea v. Attorney-General]	61
		improperly constituted, effect on advice of [Kenilorea v. Attorney-General]	61
	compensation for breach of constitutional rights [Jamakana v. Attorney-General and Another]		127
	constitutional action in court, locus standi for [Kenilorea v. Attorney-General]		61
	crown, claim of privilege by in relation to documents [Lopez v. Attorney-General (No. 1)]		232
	customary law, when overrides received law [R v. Ngena]		1
	detention, unlawful, effect on confession tendered [R v. Baefaka]		26
	discretion, administrative, judicial review of		241
	discrimination, interpretation of Act to avoid [R v. Faulkner (No. 1)]		273
	executive appointment of chief, when courts can consider [Igolo v. Ita]		56
	fair trial, breach of natural justice, waiver of [Kevisi v. Talasasa and Another]		87
	freedom of movement, unlawful restriction on [Jamakana v. Attorney-General and Another]		127
	Governor-General, decision of, when can be considered by court [Kenilorea v. Attorney-General]		61
	"likely to be affected" meaning of in Constitution [Kenilorea v. Attorney-General]		61
	locus standi, constitutional actions in [Kenilorea v. Attorney-General]		61
	natural justice, breach of by bias, waiver of [Kevisi v. Talasasa and Another]		87
	natural justice, failure to hear case of party, effect of [Temasuu v. Taupongi]		103
	personal liberty, unlawful restriction on [Jamakana v. Attorney-General and Another]		127
	received law, relationship with customary law [Igolo v. Ita]		56
	redress of breach of constitution, action for, locus standi [Kenilorea v. Attorney-General]		61
	rights,
		fundamental, compensation for breach of, against whom ordered [Jamakana v. Attorney-General and Another]	127
		measure of [Jamakana v. Attorney-General and Another]	127
	statutes of UK, applicability where law codified [R v. Ngena]		1
	"subject to any act of Parliament", meaning of in Constitution [R v. Ngena]		1
Criminal Law
	"absolute offence", Solomon Islands in [R v. Wong Chin Kwee]		78
	appeal, time for, extension of [R v. Faulkner (No. 2)]		282
	bail, appeal on, grant of [Inito v. R]		177
	confession, admissibility of [R v. Baefaka]		26
	fisheries offences, proof of [R v. Wong Chin Kwee]		78
	involuntary act, defence of [R v. Wong Chin Kwee]		78
	mental element in crime [R v. Wong Chin Kwee]		78
	mistake, defence of [R v. Wong Chin Kwee]		78
	murder, suicide pact, effect of [R v. Ngena]		1
	Penal Code, whether "subject to" UK Acts [R v. Ngena]		1
	Sentence
		accused's version of facts, court must consider [R v. Saukoroa]	275
		"clang of prison gates" principles, whether applicable [Wanga v. R]	53
		drug offences, sentences for [Warnecke v. R]	279
		fraud, by man of good character, sentence for [Wanga v. R] [Inito v. R]	53, 177
		grievous harm, sentence for [R v. Saukoroa]	275
		imprisonment coupled with fine, where appropriate [Inito v. R]	177
	Status offence [R v. Wong Chin Kwee]		78
	strict liability, applicability in Solomon Islands [R v. Wong Chin Kwee]		78
	suicide pact, effect on murder charge [R v. Ngena]		1
Custody
	child of, principles applicable [B, In re]		223
	custom in relation to [B, In re]		223
Customary Land (See also Customary Law, Customary Land Courts)
	Chief, where appointment factor in land case [Igolo v. Ita]		56
	registration, application for [Uma v. Registrar of Titles]		265
Customary Land Courts
	appeal, time for, effect of non-payment of fee [Patatoa v. Talauai]		112
	bias, alleged, waiver of [Kevisi v. Talasasa and Another]		87
	contempt of, approach to [Gusa v. Raigela]		166
	jurisdiction, exclusive, over customary land [Maerua v. Kahanatarou]		95
	powers to make findings as to chief [Igolo v. Ita]		56
	procedure, cross appeals in [Temasuu v. Taupongi]		103
	procedure, hearing before appeal court not re-hearing [Temasuu v. Taupongi]		103
	procedure, reasons to be given [Haikiu v. Akuila]		109
	review of proceedings, ousted by Act [Maerua v. Kahanatarou]		95
	witnesses, calling of, before Appeal Court [Temasuu v. Taupongi]		103
Custom
	chief, appointment of, in [Igolo v. Ita]		56
	child, custom applicable to custody of [B, In re]		223
	High Court, finding by, not based on evidence in [Maerua v. Kahanatarou]		95
	patrilineal or matrilineal descent, finding of [Maerua v. Kahanatarou]		95
	support system in, when taken into account in imposing fine [Inito v. R]		177
Damages
	arm, loss of, damage for [Liliau v. Trading Company (Solomons) Limited (No. 1)]		10
	assessment of, in Solomon Islands [Liliau v. Trading Company (Solomons) Limited (No. 1)]		10
	constitutional rights, breach of, compensation for [Jamakana v. Attorney-General and Another]		127
	economic loss, for [Liliau v. Trading Company (Solomons) Limited (No. 1)] [Cheung v Tanda]		10, 193
	fatal accident for,
		dependency, calculation of [Cheung v Tanda]	193
		funeral expenses [Cheung v Tanda]	193
		future earning capacity, calculation of [Cheung v Tanda] [Official Administrator of Unrepresented Estates v. Saki]	193, 218
		loss of expectation of life [Cheung v Tanda] [Official Administrator of Unrepresented Estates v. Saki]	193, 218
	interest on, rate of [Liliau v. Trading Company (Solomons) Limited (No. 2)]		40
	interest on, to run from service of writ [Liliau v. Trading Company (Solomons) Limited (No. 2)]		40
Discovery
	Crown claim of privilege on [Lopez v. Attorney-General (No. 1)]		232
Election
	Premier of Province of, who need to be present [Minister for Western Provincial Affairs, In re application by]		141
	Provincial Government, qualification of candidate [Tegavota v. Bennett]		34
	qualification, residential, for [Tegavota v. Bennett]		34
Estoppel
	conduct by [Jarvis v. Brewers Solomons Agriculture Ltd]		47
Evidence
	affidavit evidence, approach to [Trading Company (Solomons) Limited, Re]		180
	civil case in, to satisfy court on balance of probabilities [Uma v. Registrar of Titles]		265
	confession, admissibility of [R v. Baefaka]		26
	confession, induced by oppression [R v. Baefaka]		26
	Crown, refusing to discover on public interest privilege [Lopez v. Attorney-General (No. 1)]		232
	discovery, public interest claim in relation to Crown document [Lopez v. Attorney-General (No. 1)]		232
	document, privilege claimed by Crown [Lopez v. Attorney-General (No. 1)]		232
	estoppel, conduct by [Jarvis v. Brewers Solomons Agriculture Ltd]		47
	new evidence before Customary Land Appeal Court [Temasuu v. Taupongi]		103
	witness, called by court, procedure on [R v. Kwatefana]		106
	witnesses, calling of, before Customary Land Appeal Court [Temasuu v. Taupongi]		103
Family Law
	child, custody of [B, In re]		223
Fisheries
	offence in relation to, proof of [R v. Wong Chin Kwee]		78
High Court (See also Practice and Procedure)
	constitutional proceedings before, locus standi [Kenilorea v. Attorney-General]		61
	contempt, procedure on [Gusa v. Raigela]		166
	finding on customary law by, without evidence, effect of [Maerua v. Kahanatarou]		95
	judgment,
		when perfected [Liliau v. Trading Company (Solomons) Limited (No. 2)]	40
		reconsideration of [Liliau v. Trading Company (Solomons) Limited (No. 2)]	40
	judicial review of deportation order, principles in [Lopez v. Attorney-General (No. 2)]		240
	prerogative order, time for application		175
Immigration
	deportation proceedings, judicial review of, principles [Lopez v. Attorney-General (No. 2)]		240
	deportation order, underlying status at an end, quashed [Muller v Attorney-General]		259
	husband of Solomon Islands citizen, right to enter and remain [R v. Faulkner (No. 1)]		273
	"show cause" proceedings before magistrate,
		scope of [Lopez v. Attorney-General (No. 2)]	240
		expression of opinion by magistrate [Lopez v. Attorney-General (No. 2)]	240
	rights acquired on entry by non-citizen [Lopez v. Attorney-General (No. 2)]		240
	security matters, non-disclosure of, to court [Lopez v. Attorney-General (No. 2)]		240
	ministerial discretion in relation to [Lopez v. Attorney-General (No. 2)]		240
	wife of Solomon Islands citizen, right to enter and remain [Muller v Attorney-General]		259
Insurance
	motor, third party, liability of insurers to co-insured drivers [Trading Company (Solomons) Limited v. Sun Alliance Insurance Ltd]		151
Judicial Review of Administrative Action (See Constitutional Law)
Labour Law (See Trade Disputes)
Landlord and Tenant
	lease, fixed term, determination of [Jarvis v. Brewers Solomons Agriculture Ltd]		47
	surrender of lease [Jarvis v. Brewers Solomons Agriculture Ltd]		47
	tenant, surrender by [Jarvis v. Brewers Solomons Agriculture Ltd]		47
Lease (See Landlord and Tenant)
Local Court (See also Customary Land Courts and Practice and Procedure)
	bias in, waived on appeal [Kevisi v. Talasasa and Another]		87
	proceedings, review of [Maerua v. Kahanatarou]		95
Magistrate (See also Practice)
	appeal by prosecution to High Court, extension of time for [R v. Faulkner (No. 2)]		282
	bail, on appeal to High Court, grant of [Inito v. R]		177
	immigration proceedings before, scope of [Lopez v. Attorney-General (No. 2)]		240
	record, proceedings of [R v. Kwatefana]		106
	review of local court proceedings by [Maerua v. Kahanatarou]		95
	trial, conduct of, by [R v. Kwatefana]		106
	witness, called by [R v. Kwatefana]		106
Motor Vehicle
	insurance (See Insurance)
	negligent maintenance of vehicle [Liliau v. Trading Company (Solomons) Limited (No. 1)]		10
Murder (See Criminal Law)
"ordinarily residing" meaning of [Tegavota v. Bennett]			34
Practice and Procedure (See Court titles)
	appeal, cross appeal procedure on [Temasuu v. Taupongi]		103
	appeal in criminal case, extension of time for [R v. Faulkner (No. 2)]		282
	appeal, time for, effect of non-payment of fee [Patatoa v. Talauai]		112
	burden of proof in civil case [Uma v. Registrar of Titles]		265
	case for one party not heard, effect of [Temasuu v. Taupongi]		103
	certiorari, proceedings for, application to extend time [Kalesoa's Application]		174
	certiorari, to quash deportation order, proceedings for [Muller v Attorney-General]		259
	constitutional proceedings (See Constitutional Law)
	contempt of court proceedings, leave required for each allegation [Gusa v. Raigela]		166
	Crown privilege, claim on discovery [Lopez v. Attorney-General (No. 1)]		232
	cross appeals, procedure on [Temasuu v. Taupongi]		103
	discovery, Crown claim of privilege on [Lopez v. Attorney-General (No. 1)]		232
	estoppel (See Estoppel)
	fee, non-payment of, effect on appeal time [Patatoa v. Talauai]		112
	finding of custom, not based on evidence [Maerua v. Kahanatarou]		95
	hearing, before Customary Land Appeal Court, nature of [Temasuu v. Taupongi]		103
	hearing, failure to hear case of one party [Temasuu v. Taupongi]		103
	hearing, interventions by magistrate [R v. Kwatefana]		106
	interventions, magistrate by [R v. Kwatefana]		106
	judgment in civil case, reconsideration before perfected [Liliau v. Trading Company (Solomons) Limited (No. 2)]		40
	natural justice, breach of, waiver [Kevisi v. Talasasa and Another]		87
	objection on ground of partiality of tribunal, waiver of [Kevisi v. Talasasa and Another]		87
	perfection of judgment, when occurs [Liliau v. Trading Company (Solomons) Limited (No. 2)]		40
	pleading, failing to plead statutory limitation [Solomon Islands Electricity Authority v. Solomon Islands Ports Authority]		160
	prerogative order, application for (certiorari) [Kalesoa's Application]		174
	proof, civil case in [Uma v. Registrar of Titles]		265
	public interest privilege, discovery on [Lopez v. Attorney-General (No. 1)]		232
	quashing of proceeding on review, application for [Maerua v. Kahanatarou]		95
	reasons, decision for, in Customary Lane Appeal Court, to be given [Haikiu v. Akuila]		109
	record, in criminal case, omissions from [R v. Kwatefana]		106
	review, magistrate by
		customary land case of [Maerua v. Kahanatarou]	95
		procedure on [Maerua v. Kahanatarou]	95
	sentencing, account of accused in statement to be considered [R v. Saukoroa]		275
	statutory limitation, must be pleaded [Solomon Islands Electricity Authority v. Solomon Islands Ports Authority]		160
	time
		certiorari application for [Kalesoa's Application]	174
		criminal appeal case in [R v. Faulkner (No. 2)]	282
		customary land appeal case in [Patatoa v. Talauai]	112
		fee, non-payment of, effect on [Patatoa v. Talauai]	112
	Trade Dispute Panel (see that heading)
	Witness
		called by court in criminal case procedure on [R v. Kwatefana]	106
		before Customary Land Appeal Court, when allowed [Temasuu v. Taupongi]	103
Province
	member of Assembly, qualification for election [Tegavota v. Bennett]		34
	Premier of, election of [Minister for Western Provincial Affairs, In re application by]		141
Registration of Land
	application to register, proof on [Uma v. Registrar of Titles]		265
Real Property (See Customary Land, Registration of Land and Landlord and Tenant)
Review (See Practice and Procedure)
Sentence (See Criminal Law)
Statutory Interpretation
	code, whether subject to UK statute [R v. Ngena]		1
	discrimination, avoidance of [R v. Faulkner (No. 1)]		273
	general principles of, applicable [Minister for Western Provincial Affairs, In re application by]		141
	literal approach to [Minister for Western Provincial Affairs, In re application by]		141
Tort
	breach of statutory liability [Liliau v. Trading Company (Solomons) Limited (No. 1)]		10
	damages, for (See Damages)
	negligence, maintenance of vehicle in relation to [Liliau v. Trading Company (Solomons) Limited (No. 1)]		10
Trade Dispute
	industrial action in, whether compensation payable [Solomon Islands Navigation Services Ltd v National Union of Workers]		117
	referred to Trade Disputes Panel, nature of [Solomon Islands Navigation Services Ltd v National Union of Workers]		117
Trade Dispute Panel
	jurisdiction of [Solomon Islands Navigation Services Ltd v National Union of Workers]		117
Trade Union
	industrial action by, whether breach of Trade Disputes Act [Solomon Islands Navigation Services Ltd v National Union of Workers]		117
	locus standi of, before Trade Disputes Panel [Solomon Islands Navigation Services Ltd v National Union of Workers]		117
	recognition of, must be referred to the 'dispute' [Solomon Islands Navigation Services Ltd v National Union of Workers]		117
Trial (See also Practice and Procedure and court headings)
	finding of custom, not based on evidence [Maerua v. Kahanatarou]		95
	intervention by magistrate [R v. Kwatefana]		106
	omission from record [R v. Kwatefana]		106
	sentence, court to have regard to accused's statement [R v. Saukoroa]		275
	witness, called by court [R v. Kwatefana]		106

Solomon Islands - Index of Solomon Islands Law Reports - 1983

Index of Solomon Islands Law Reports - 1983

Akuila, Haikiu v.	109
Attorney-General and Another, Jamakana v.	127
Attorney-General, Kenilorea v.	61
Attorney-General, Lopez v. (No. 1)	232
Attorney-General, Lopez v. (No. 2)	240
Attorney-General, Muller v.	259

B, In re	223
Baefaka, R v.	26
Bennett, Tegavota v.	34
Brewers Solomons Agriculture Ltd, Jarvis v.	47

Cheung, Tanda v.	193

Faulkner, R v. (No. 1)	273
Faulkner, R v. (No. 2)	282

Gusa v. Raigela	166

Haikiu v. Akuila	109

Igolo v. Ita	56
Inito v. R	177
Ita, Igolo v.	56

Jamakana v. Attorney-General and Another	127
Jarvis v. Brewers Solomons Agriculture Ltd	47

Kahanatarou, Maerua v.	95
Kalesoa's Application	174
Kenilorea v. Attorney-General	61
Kevisi v. Talasasa and Another	87
Kwatefana, R v.	106

Liliau v. Trading Company (Solomons) Limited (No. 1)	10
Liliau v. Trading Company (Solomons) Limited (No. 2)	40
Lopez v. Attorney-General (No. 1)	232
Lopez v. Attorney-General (No. 2)	240

Maerua v. Kahanatarou	95
Minister for Western Provincial Affairs, In re application by	141
Muller v Attorney-General	259

National Union of Workers, Solomon Islands Navigation Services v.	117
Ngena, R v.	1

Official Administrator of Unrepresented Estates v. Saki	218

Patatoa v. Talauai	112

R v. Baefaka	26
R, Inito v.	177
R v. Faulkner (No. 1)	273
R v. Faulkner (No. 2)	282
R v. Kwatefana	106
R v. Ngena	1
R v. Saukoroa	275
R, Wanga v.	53
R, Warneke v.	279
R v. Wong Chin Kwee	78
Raigela, Gusa v.	166
Registrar of Titles, Uma v.	265

Saki, Official Administrator of Unrepresented Estates v.	218
Saukoroa v. R	275
Solomon Islands Electricity Authority v. Solomon Islands Ports Authority	160
Solomon Islands Navigation Services Ltd v National Union of Workers	117
Solomon Islands Ports Authority, Solomon Islands Electricity Authority v.	160
Sun Alliance Insurance Ltd, Trading Company (Solomons) Ltd	151

Talasasa and Another, Kevisi v.	87
Talauai, Patatoa v.	112
Tanda v. Cheung	193
Taupongi, Temasuu v.	103
Tegavota v. Bennett	34
Temasuu v. Taupongi	103
Trading Company (Solomons) Limited, Re	180
Trading Company (Solomons) Limited Liliau v. (No. 1)	10
Trading Company (Solomons) Limited Liliau v. (No. 2)	40
Trading Company (Solomons) Limited v. Sun Alliance Insurance Ltd	151

Uma v. Registrar of Titles	265

Wanga v. R	53
Warnecke v. R	279
Wong Chin Kwee, R v.	78