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Solomon Islands - Index of Solomon Islands Law Report - 1984 |
THE SOLOMON ISLANDS
LAW REPORTS 1984(1984 S.I.L.R.)
Published by the Institute of Public Studies and the Pacific Law Unit of the University of the South Pacific, with the authority of the High Court of Solomon Islands
INDEX OF THE CASES REPORTED
PAGE
Adifaka v. DPP 44
Attorney General, Island Enterprises Ltd v. 95
Attorney General, Kenilorea v. 179
Attorney General v. Kenilorea & Solomon Star Ltd. 61
Attorney General, Khan v. 95
Australia & New Zealand Banking Group Ltd v. Matoba Mines Ltd 77
Belama v. DPP 37
Campbell v. Mafuara 4
Cattle Development Authority, Funua v. 55
Cheung v. Tanda 108
DPP, Adifaka v. 44
DPP, Belama v. 37
DPP, Gerea & Others v. 161
DPP, Konare v. 33
DPP, Kuper 28
DPP, Glass 28
DPP v. Hakiu 155
Fenda, Manubili & Others v. 1
Finete and C & F Fishing Ltd, R. v. 40
Funua v. Cattle Development Authority 55
Gerea & Others v. DPP 161
Glass v. DPP; 28
Gubbay, Queensland Independent Wholesalers Ltd v. 72
Haikiu, DPP v. 155
Island Enterprises Ltd. v. Attorney General 95
Katovai v. Lumukana 9
Kenilorea and Solomon Star Ltd, Attorney General v. 61
Kenilorea v. Attorney General 179
Khan v. Attorney General 95
Kiriau v. Liquidator (Trading Company (Solomons) Ltd.) 90
Konare v. DPP 33
Kuper v. DPP 28
Kulagoe, Manedetea v. 20
Liquidator, (Trading Company (Solomons) Ltd Kiriau v. 90
Loumia & Others, R. v. 51
Lumukana, Katovai v. 9
Mafuara, Campbell v. 4
Mahlon v. Mahlon 86
Manedetea v. Kulagoe 20
Manubili & Others v. Fenda 1
Matoba Mines Ltd, Australia & New Zealand Banking Group Ltd v. 77
Nano & Another v. Riringi 9
Official Administrator of Unrepresented Estates, Saki v. 146
Public Service Commission ex. P. Tiare, R v. 80
Queensland Independent Wholesalers Ltd. v. Gubbay 72
Reid v. Reid 86
Reinunu , Tagotada v. 24
Riringi, Nano & Another v. 9
R. v. Finete and C & F Fishing Ltd 40
R. v. Loumia & Others 51
R. v. Public Service Commission ex. P. Tiare 80
Saki v. Official Administrator of Unrepresented Estates 146
Tagotada v. Reinunu 24
Tanda, Cheung v. 108
SUBJECT INDEX
Animals cattle, liability for escape of [Funua v. Cattle Development Authority] 55
Appeal Customary Land Appeal Court from, bias alleged, "procedural requirement of any written law", s. 10(8) of the Constitution [Manedetea v. Kulagoe] 20
Customary Land Appeal Court, whether survey necessary [Campbell v. Mafuara] 4
damages in fatal case from, approach to [Cheung v. Tanda] [Saki v. Official Administrator of Unrepresented Estates] 108, 146
dispute arising out of customary land, proper court to determine [Manubili & Others v. Fenda] 1
fees on appeal, arrangement to pay on credit [Nano & Another v. Riringi; Katovai v. Lumukana] 9
Findings of fact and credibility of witness, approach to [Gerea & Others v. DPP] 161
local Court from, to Customary Land Appeal Court, no need to file specific grounds [Nano & Another v. Riringi; Katovai v. Lumukana] 9
time for appeal from Local Court to customary Land Appeal Court, commencement of time and "date of decision" [Nano & Another v. Riringi; Katovai v. Lumukana] 9
Bail forfeiture of, means to be taken
on forfeiture becomes civil debt
forfeiture mitigation of [Konare v. DPP]33
Bias test for, reasonable bystander [Manedetea v. Kulagoe] 20
Cattle Trespass negligence and, strict liability for [Funua v. Cattle Development Authority] 55
Certiorari delay in applying, avenues of appeal exhaustion of,
right to be heard under Public Service Commission Regulations 1979 [R. v. Public Service Commission ex. P. Tiare]80
Company law winding-up order, effect on contract for employment, continued employment by Liquidator, effect of on damages [Kiriau v. Liquidator (Trading Company (Solomons) Ltd.)] 90
Constitutional law binding effect of decisions of English courts [Cheung v. Tanda] 108
common law of England, applicability of [Cheung v. Tanda] 108
contempt of court and freedom of expression [Attorney General v. Kenilorea & Solomon Star Ltd.] 61
courts, independence of, s. 10(8) and, [Kenilorea v. Attorney General] 179
customary law and, customary legal duty inconsistent with provisions of [R. v. Loumia & Others] 51
date of application of common law part of law of Solomon Islands by virtue of Schedule 3 [Cheung v. Tanda] 108
decisions of court, must be given in public, s.10(9) [Nano & Another v. Riringi; Katovai v. Lumukana] 9
"fair hearing", meaning of, s.10(1) [Gerea & Others v. DPP] 161
inconsistency of s.197(c) of the Penal Code with s.4 of Constitution interpretation of, general principles of [Gerea & Others v. DPP] [Kenilorea v. Attorney General] 161, 179
law directory tot the courts in a particular case of matter, constitutionality of [Kenilorea v. Attorney General] 179
mandatory penalty for murder, constitutionality of [Gerea & Others v. DPP] 161
power of Parliament, fixed penalty and [Gerea & Others v. DPP] 161
retrospective legislation and quasi-criminal offences [Attorney General v. Kenilorea & Solomon Star Ltd.] 61
Schedule 3, general interpretation of [Cheung v. Tanda] 108 Schedule 3, what is the relevant common law [Cheung v. Tanda] 108 separation of powers, judicial independence, implicit in Constitution [Kenilorea v. Attorney General] 179 Contempt of Court burden of proof, quasi-criminal [Attorney General v. Kenilorea & Solomon Star Ltd.] 61 customary land decision of, [Tagotada v. Reinunu] 24 public policy and the administration of justice, effect on [Attorney General v. Kenilorea & Solomon Star Ltd.] 61 relevant time for consideration of, time of publication [Attorney General v. Kenilorea & Solomon Star Ltd.] 61 Criminal Law and Procedure binding over s.32(2) of the Penal Code, when order can be made [DPP v Glass; DPP v Kuper] 28 burden and standard of proof, whether "point for determination" specific direction, necessity for when judge or magistrate sitting alone 155 burden of proof, proper direction on [Adifaka v. DPP] 44 corroboration of accomplice evidence, approach to [Adifaka v. DPP] 44 fair hearing, s.10(1) of the Constitution [DPP v Glass; DPP v Kuper] 28 hearing, in criminal case, sentencing process including, "hearing", meaning of, s.10(1) of Constitution [Gerea & Others v. DPP] 161 murder, reduction to manslaughter, s.197 (c) of the Penal Code, conflict with s.4 of the Constitution, resolution of inconsistency [R. v. Loumia & Others] 51 mandatory penalty for, constitutionality of [Gerea & Others v. DPP] 161 Provisions of s.182 of the Criminal Procedure Code, mandatory effect of [DPP v Glass; DPP v Kuper] 28 proviso s. 292(1) of the Criminal Procedure Code, application of, when mandatory provision not followed [DPP v Glass; DPP v Kuper] 28 questions to witnesses by judge or magistrate, propriety of 155 sentence, murder for, mandatory, whether constitutional [Gerea & Others v. DPP] 161 sentence, disparity, real and genuine grievance [Adifaka v. DPP] 44 sentence, imprisonment on juvenile offenders, when proper, lack of detention centres [Belama v. DPP] 37 statements of accused on oath and to the police conflicting, approach to, credibility of witness when conflicting statements given [Adifaka v. DPP] 44 trial, necessity for a proper hearing [DPP v Glass; DPP v Kuper] 28 intervention and questions by magistrate 155 Custom custom duty, s.197(c) of Penal Code and, conflict with s.4 of the Constitution in murder case [R. v. Loumia & Others] 51 custom benefit received on death, effect on damages of [Cheung v. Tanda] 108 Customary Land Courts and Customary Land appeal to Customary Land Court from Local Court, time for, what constitutes a valid appeal, what is the date of [ decision, [Nano & Another v. Riringi; Katovai v. Lumukana] 9 Customary Land Appeal Court, appeal from, bias, s.10(8) of the Constitution [Manedetea v. Kulagoe] 20 contempt of decision of [Tagotada v. Reinunu] 24 development on, what, cutting down and planting trees [Tagotada v. Reinunu] 24 dissenting judgments in the Customary Land Appeal Courts, undesirability of [Campbell v. Mafuara] 4 survey, no necessity for [Campbell v. Mafuara] 4 Damages appeals from awards, approach to [Cheung v. Tanda] [Saki v. Official Administrator of Unrepresented Estates] 108, 146 custom benefits received on death, effect of [Cheung v. Tanda] 108 discounting of damages for future loss [ Cheung v. Tanda] [Saki v. Official Administrator of Unrepresented Estates] 108, 146 fatal accident for, dependency, calculation of, [Cheung v. Tanda] [Saki v. Official Administrator of Unrepresented Estates] 108, 146 future loss of earning capacity, calculation of [Cheung v. Tanda] [Saki v. Official Administrator of Unrepresented Estates] 108, 146 loss of expectation of life [Cheung v. Tanda][Saki v. Official Administrator of Unrepresented Estates] 108, 146 Divorce non-islanders of, procedure to be followed [Mahlon v. Mahlon, Reid v. Reid] 86 islander, who is [Mahlon v. Mahlon, Reid v. Reid] 86 Employment dismissal by virtue of winding-up order [Kiriau v. Liquidator (Trading Company (Solomons) Ltd.)] 90 Fishing fishing gear, meaning of, test to be applied, matter of fact [R. v. Finete and C & F Fishing Ltd] 40 Foreign Investment meaning of [Khan v. Attorney General, Island Enterprises Ltd. v. Attorney General] 95 Garnishee Order money held as stakeholder or trustee, whether attachable [Australia & New Zealand Banking Group Ltd v. Matoba Mines Ltd] 77 Injunction "Mareva" injunction, Order 53 High Court (Civil Procedure) Rules 1964 [Queensland Independent Wholesalers Ltd. v. Gubbay] 72 Local Courts appeal from, on a matter arising out of customary land, which court to [Manubili & Others v. Fenda] 1 appeal from, what constitutes a valid appeal [Nano & Another v. Riringi; Katovai v. Lumukana] 9 appeal from, time for, when does time commence [Nano & Another v. Riringi; Katovai v. Lumukana] 9 date of decision of, what is, decision in public, what constitutes, s.10(9) of the Constitution [Nano & Another v. Riringi; Katovai v. Lumukana] 9 Magistrate Court appeal arising out of customary land, whether power to entertain [Manubili & Others v. Fenda] 1 Marriage validity of, if there is want of proper form [Mahlon v. Mahlon, Reid v. Reid] 86 Practice and Procedure certiorari, delay and, avenues of appeal, whether necessary to exhaust [R. v. Public Service Commission ex. P. Tiare] 80 right to be heard under Public Service Commission Regulations 1979 [R. v. Public Service Commission ex. P. Tiare] 80 divorce procedure to be followed where one of the parties to the marriage is not "an islander" [Mahlon v. Mahlon, Reid v. Reid] 86 garnishee order money held as stakeholder or trustee, whether attachable [Australia & New Zealand Banking Group Ltd v. Matoba Mines Ltd] 77 "Mareva injunctions and receivers, whether specific right to property necessary, Order 53 r.6(1) of High Court (Civil Procedure) Rules 1964 [Queensland Independent Wholesalers Ltd. v. Gubbay] 72 Receiver appointment of under Order 53 r.6(1) of the High Court (Civil Procedure) Rules 1964, whether specific right to property necessary [Queensland Independent Wholesalers Ltd. v. Gubbay] 72 Sentence imprisonment of juveniles, consideration of prison conditions [Belama v. DPP] 37 mandatory sentence for murder, constitutionality of [Gerea & Others v. DPP] 161 disparity, real and genuine grievance [Adifaka v. DPP] 44 Statutes interpretation of, same word to be given same meaning in same act [Khan v. Attorney General, Island Enterprises Ltd. v. Attorney General] 95 Tort cattle trespass, negligence and knowledge of evil propensity, strict liability and [Funua v. Cattle Development Authority] 55 cows, whether ferae naturae or mansuetae naturae [Funua v. Cattle Development Authority] 55 Trial (See Criminal Law and Procedure)