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Solomon Islands - Index to Solomon Islands Law Reports - 1985-1986 |
THE SOLOMON ISLANDS
LAW REPORTS 1985/86(1985/86 S.I.L.R.)
Published by the Institute of Pacific 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 CASES REPORTED
Page
108
31
108
74
112
262
153
39
268
272
42
Customary Land Appeal Court (Western) ex parte S. Pitikaka, R v.
69
268
272
84
158
145
122
199
150
118
147
101
59
1
74
84
64
192
209
87
49
260
95
20
80
129
150
218
132
39
214
158
249
218
244
218
255
129
91
218
145
132
22
122
95
55
R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka
69
192
260
214
249
223
209
31
118
147
255
262
101
Solomon Islands Broadcasting Corporation v. Solomon Islands National Union of Workers
136
Solomon Islands College of Higher Education, Tri-Ed Association v.
173
20
244
Solomon Islands National Union of Workers, Solomon Islands Broadcasting Corporation v.
136
Solomon Islands National Union of Workers (No. 1), Solomon Taiyo Ltd. v.
27
Solomon Islands National Union of Workers (No. 2), Solomon Taiyo Ltd. v.
235
153
Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 1)
27
Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)
235
87
1
49
42
140
80
91
22
140
59
112
Tri-Ed Association v. Solomon Islands College of Higher Education
173
252
204
199
223
------------------------------------------------------------
SUBJECT INDEX
Administrative Law judicial review of authority action [Attorney General v. Solomon Islands Airways Ltd]
262
Adoption
domicile of applicant by choice, test [V., In re]
252
Appeal (See also Court Hearings)
advisory opinions, whether Court of Appeal may give on [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
criminal
time for, extension of [DPP v. Simeon (No. 1)]
118
against sentence, whether may increase after accused changes story [DPP v. Kolikisi]
150
Customary Land Appeal Court
bias
justice objected to taking part in decision [Rade and Soso v. Sautauna]
55
result, whether affected [Tauri'i v. Kerenote]
80
waiver of objection [Tauri'i v. Kerenote]
80
failure to attend by reason of custom, consequences of [Siope v. Malaita Customary Land Appeal]
255
fees, what payable to constitute valid appeal to [Kaupoi v. Principal Magistrate (Malaita)]
95
full and fair hearing, justice must be seen to be done [Teika v. Maui]
91
jurisdiction of High Court on appeal from [Teika v. Maui]
91
objection to member, whether bound to uphold [Teika v. Maui]
91
procedural error in Local Court [Siope v. Malaita Customary Land Appeal]
255
statements by justices out of court [Teika v. Maui]
91
time for, what constitutes valid appeal,
to Customary Land Appeal Court [Kaupoi v. Principal Magistrate (Malaita)] [Marina v. Kinisita] 95, 129
to High Court [Kaupoi v. Principal Magistrate (Malaita)] [Marina v. Kinisita] 95, 129
damages, approached to on [Jolly Hardware and Construction Co. Ltd v. Suluburu] 87
findings of fact, approach to on [DPP v. Tong] 59
High Court, supervisory jurisdiction of, whether may hear under [Solomon Islands Investment Ltd. v. Kelaupa] 20
Magistrates' Court, to, against Lands Acquisition Officer,
fee, whether payable [Biku and Others v. Talasasa and Zinihite] 42
time for, date of determination construed [Biku and Others v. Talasasa and Zinihite] 42
sentence, approach to on [Berekame v. DPP] 272
Trade Disputes Panel, from, jurisdiction of High Court on, [Solomon Islands Investment Ltd. v. Kelaupa] [Solomon Taiyo Ltd. v. Solomon Islands National union of Workers (No. 2)] 20, 235
Child
adoption of, domicile of applicant [V., In re]
252
custody of,
custom in relation to [K. v. T. and Ku]
49
principles governing [K. v. T. and Ku]
49
putative father of, standard of proof [J v. S]
209
Citizen
dual national, right to freedom of movement [Tong v. Attorney General]
112
Civil Aviation
fare increases, control and discretion of licensing authority [Attorney General v. SI Public Employees Union]
153
Company Law
registration of charge,
after winding-up order [Forest Development Co. Ltd. (In re Bill of Sale)]
64
time for, extension of [Forest Development Co. Ltd. (In re Bill of Sale)]
64
winding-up
creditors, rights of, when vested [Forest Development Co. Ltd. (In re Bill of Sale)]
64
Constitution
authority and independence of Courts and freedom of expression [DPP v. Solomon Islands Broadcasting Corporation]
101
bias of tribunal
8
compensation for breach of fundamental rights [Tong v. Attorney General]
112
constitutionality of, presumption of [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
contempt of court,
authority and independence of courts [DPP v. Solomon Islands Broadcasting Corporation]
101
DPP, locus standi [DPP v. Solomon Islands Broadcasting Corporation]
101
freedom of expression, and [DPP v. Solomon Islands Broadcasting Corporation]
101
customary law,
where overridden by U.K. statute [K. v. T. and Ku]
49
where inconsistent with Constitution [Loumia v. DPP]
158
whether law or mere belief [Talosui v. Tone'ewane]
140
whether recognised by Parliament [Talosui v. Tone'ewane]
140
election, disqualification for, date of determination of [Evo v. Supa and Returning Officer]
1
freedom of association, public officer, restriction of [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
constitutionality of [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
freedom of expression and contempt of court [DPP v. Solomon Islands Broadcasting Corporation]
101
freedom of movement,
dual national, applicability to [Tong v. Attorney General]
112
passport withheld, when lawful [Tong v. Attorney General]
112
High Court, supervisory jurisdiction of [Solomon Islands Investment Ltd. v. Kelaupa] [R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka]
20, 69
precedent,
Court of Appeal, of, effect on lower courts [Evo v. Supa and Returning Officer]
1
High Court, of, effect on later High Courts [Evo v. Supa and Returning Officer]
1
public officer, unpaid leave to stand for election [Evo v. Supa and Returning Officer]
1
“reasonable justifiable in a democratic society”,
onus of proof that [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
test of whether [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
right to life, whether customary duty to kill inconsistent with [Loumia v. DPP]
158
Teaching Service Commission,
powers and functions of [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
crown instrumentality, whether [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
employer of teachers, whether [Tri-Ed Association v. Solomon Islands College of Higher Education]
173
warrant for expenditure when Parliament dissolved,
discretion of minister [Attorney General v. SI Public Employees Union]
153
U.K. statutes, applicability of [K. v. T. and Ku]
49
Contempt of Court
criminal,
approach to, [DPP v. Solomon Islands Broadcasting Corporation]
101
authority and independence of courts [DPP v. Solomon Islands Broadcasting Corporation]
101
freedom of expression [DPP v. Solomon Islands Broadcasting Corporation]
101
imputing improper motives to judiciary [DPP v. Solomon Islands Broadcasting Corporation]
101
101
reasonable comment in good faith [DPP v. Solomon Islands Broadcasting Corporation] 101 Criminal Law and Procedure (See also Sentence) aiding and abetting [R v. Zamagita & 6 Others] 223 appeal, time for, extension of [DPP v. Kolikisi] 118 against conviction following guilty plea, approach to [Fanasia v. DPP] [Yaneo v. DPP] 84, 199 against sentence, whether may increase where accused changes story [DPP v. Kolikisi] 150 assessors, role of [Loumia v. DPP] 158 conspiracy [R v. Zamagita & 6 Others] 223 contempt of court (See Contempt of Court) [DPP v. Solomon Islands Broadcasting Corporation] 101 custom, attitude toward offence considered in sentencing [Berekame v. DPP] 272 violence perpetrated under pretext of [R v. Kaimanisi] 260 defilement, sentence, policy guidelines given [Mulele v. DPP, Poini v. DPP] 145 factors in passing [Berekame v. DPP] 272 false pretences, "intend to defraud" defined [Panjuboe v. DPP] 122 manslaughter, provocation, reduction from murder [Loumia v. DPP] 158 self defence, whether reasonable and necessary [R v. Garunu] 192 murder, defence of persons and property [R v. Zamagita & 6 Others] 223 duty to kill in custom, whether legal duty [Loumia v. DPP] 158 malice aforethought, whether intent to cause grievous bodily harm [R v. Zamagita & 6 Others] [R v. Garunu] 223, 192 provocation, lose self control, reasonable man, reduction to manslaughter [Loumia v. DPP] 158 self defence [R v. Zamagita & 6 Others] 223 passport, obtaining by false statement, guilty knowledge required [DPP v. Tong] 59 plea of guilty not unequivocal, [Fanasia v. DPP] [Yaneo v. DPP] 84, 199 rape, consent [R v. Lutu] 249 sentencing guidelines given [R v. Ligiau & Dori] 214 sentence (See Sentence) storebreaking, factors in sentencing [Bati v. DPP] 268 Crown Proceedings Trade Disputes Panel award, enforcement of against Government, applicability of [Attorney General v. SI Public Employees Union] 153 Custody of child, custom in relation to [K. v. T. and Ku] 49 principles applicable [K. v. T. and Ku] 49 Custom attitude toward offence considered in sentencing [Berekame v. DPP] 272 compensation, demanding with violence or threats [R v. Kaimanisi] 260 maintenance order, effect of payment of on [K. v. B.] 39 custody, applicability to [K. v. T. and Ku] 49 duty under, whether part of law, whether inconsistent with Constitution [Loumia v. DPP] 158 election, prevented from voting by reason of, whether duty to make arrangements for [Talosui v. Tone'ewane] 140 mourning, failure to attend court [Siope v. Malaita Customary Land Appeal] 255 proof of [K. v. T. and Ku] 49 Customary Land and Customary Land appeal Court appeal to, fees, what payable to constitute valid appeal [Kaupoi v. Principal Magistrate (Malaita)] 95 time for, what constitutes valid appeal [Teika v. Maui] 91 appeal to High Court from, jurisdiction of High Court [Teika v. Maui] 91 what constitutes valid appeal [Kaupoi v. Principal Magistrate (Malaita)] [Marina v. Kinisita] 95, 129 bias by, justices objected to taking part in decision [Rade and Soso v. Sautauna] 55 result, whether affected [Tauri'i v. Kerenote] 80 waiver of objection [Tauri'i v. Kerenote] 80 burden of proof, who goes first [Siope v. Malaita Customary Land Appeal] 255 fraud on, effect of [R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka] 69 hearing, full and fair, justice must be seen to be done [Teika v. Maui] 91 Magistrate's Court, jurisdiction of, whether matter arising in connection with [Mae v. Konihaka; Maeru v. Mindu] 218 objection to member of, whether bound to uphold [Teika v. Maui] 91 record of alteration of [R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka] 69 Damages appeal against quantum, approach to [Jolly Hardware and Construction Co. Ltd v. Suluburu] 87 assessment of, constitutional rights, for breach of [Tong v. Attorney General] 112 statutory duty, for breach of [Tong v. Attorney General] 112 economic loss [Aihunu v. Attorney General] 108 anticipatory salary [Aihunu v. Attorney General] 108 head injury, for [Tong v. Attorney General] 112 personal injury, for in Solomon Islands [Tong v. Attorney General] 112 comparison with other jurisdictions [Tong v. Attorney General] 112 trespass, for customary land, jurisdiction of Magistrates' Court to assess [Mae v. Konihaka; Maeru v. Mindu] 218 Divorce cruelty, test of [Valenti v. Valenti] 204 Domicile by choice, test of [V., In re] 252 Elections breaches of law as to, result unaffected [Evo v. Supa and Returning Officer 1 substantial breaches, result unaffected [Evo v. Supa and Returning Officer] 1 test of whether [Evo v. Supa and Returning Officer] 1 trivial breaches, right of action in tort for [Aihunu v. Attorney General] 108 bribery, charitable gifts at election time, whether [Thugea v. Paeni] 22 standard of proof of [[Thugea v. Paeni] Alisae v. Salaka] 22, 31 corrupt practices, standard of proof of [Thugea v. Paeni] [Alisae v. Salaka] 22, 31 custom, where belief prevents voting, whether duty to make arrangements for [Talosui v. Tone'ewane] 140 declaration that candidate elected, whether mandatory [Fa'asifoabe v. Attorney General] 74 defer, when Electoral Commission may [Fa'asifoabe v. Attorney General] 74 defined [Evo v. Supa and Returning Officer] 1 disqualification for, date of determination of [Evo v. Supa and Returning Officer] 1 nomination form, date declarations thereon construed to speak [Evo v. Supa and Returning Officer] 1 notification and publication of results, whether mandatory [Fa'asifoabe v. Attorney General] 74 petition, correct procedure to challenge results of [Fa'asifoabe v. Attorney General] 74 public officer on unpaid leave qualification to stand, date leave must be effective [Evo v. Supa and Returning Officer] 1 treating, "corruptly" defined [Alisae v. Salaka] 31 standard of proof [Alisae v. Salaka] 31 Employment test of 175 Estates cohabitation, presumption of valid marriage [Koru v. Official Administrator of Unrepresented Estates] 132 intestate non-Solomon Islander, applicability of U.K. law to [Koru v. Official Administrator of Unrepresented Estates] 132 Evidence criminal case, no case to answer, test of whether [R v. Lutu] 249 intention, aggressive statements during fight [R v. Zamagita & 6 Others] 223 custom, proof of [K. v. T. and Ku] 49 domicile, proof of, residence, intention [V., In re] 252 fresh evidence on appeal, procedure when [J v. S] 209 perjured, effect of [R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka] 69 review of on appeal, approach to [Tong v. Attorney General] 112 Family Law adoption domicile of applicant, test of [V., In re] 252 cohabitation, presumption of valid marriage [Koru v. Official Administrator of Unrepresented Estates] 132 custody of child, custom in relation to [K. v. T. and Ku] 49 principles governing [K. v. T. and Ku] 49 divorce cruelty, test of [Valenti v. Valenti] 204 maintenance, customary compensation, payment of effect on [K. v. B.] 39 putative father, standard of proof [J v. S] 209 Fraud defined [R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka] 69 effect of [R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka] 69 intent to defraud defined [Panjuboe v. DPP] 122 High Court appeal, from Customary Land Appeal Court to, jurisdiction of [Teika v. Maui] 91 time for, what constitutes valid appeal [Kaupoi v. Principal Magistrate (Malaita)] [Marina v. Kinisita] 95, 129 from Trade Disputes Panel to, jurisdiction of, [Solomon Islands Investment Ltd. v. Kelaupa] [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 20, 235 jurisdiction of, Customary Land Appeal Court, appeals from [Teika v. Maui] 91 supervisory, prerogative orders [Solomon Islands Investment Ltd. v. Kelaupa] [R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka] 20, 69 Trade Disputes Panel, appeals from [Solomon Islands Investment Ltd. v. Kelaupa] [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 20, 235 precedent, Court of Appeal, of, effect on [Evo v. Supa and Returning Officer] 1 High Court, of previous, effect on [Evo v. Supa and Returning Officer] 1 Insurance (see Motor Vehicles) Labour Law (See Employment, Trade Dispute, Trade Disputes Panel, Trade Unions and Unfair Dismissal) Land (See Customary Land Appeal Court) Magistrates' Court appeal from Lands Acquisition Officer to, fee payable, whether [Biku and Others v. Talasasa and Zinihite] 42 time for, date of determination construed [Biku and Others v. Talasasa and Zinihite] 42 customary land, jurisdiction of, whether matter arising in connection with [Mae v. Konihaka; Maeru v. Mindu] 218 Maintenance customary compensation, payment of, effect on [K. v. B.] 39 Marriage cohabitation, presumption of valid marriage [Koru v. Official Administrator of Unrepresented Estates] 132 Motor Vehicle Third Party Insurance for, statutory defence [Fanasia v. DPP] [Yaneo v. DPP] 84, 199 Passports alteration of, validity of [Tong v. Attorney General] 112 obtaining by false statement, guilty knowledge required [DPP v. Tong] 59 witholding of, when legal [Tong v. Attorney General] 112 Practice and Procedure (See also Appeal, Court Headings, Criminal Law and Procedure and Evidence) appeals (See Appeals) burden of proof, Constitution, reasonably justifiable in democratic society, onus of proof [Tri-Ed Association v. Solomon Islands College of Higher Education] 173 divorce [J v. S] 209 election, corrupt practices [Thugea v. Paeni] [Alisae v. Salaka] 22, 31 putative father, that [J v. S] 209 Constitution, presumed constitutional [Tri-Ed Association v. Solomon Islands College of Higher Education] 173 court record, alteration of [R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka] 69 mandatory requirement, must be noted on [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 235 criminal cases, assessors, role of [Loumia v. DPP] 158 no case to answer, test of whether [R v. Lutu] 249 customary land (See Customary Land Appeal Court) fee, on appeal to Customary Land Appeal Court, what payable to constitute valid appeal [Kaupoi v. Principal Magistrate (Malaita)] 95 on appeal to Magistrates' Court from Lands Acquisition Officer, whether payable [Biku and Others v. Talasasa and Zinihite] 42 hearing, full and fair, justice must be seen to be done [Teika v. Maui] 91 injunction, discretion of court [Solomon Islands Broadcasting Corporation v. Solomon Islands National Union of Workers] 136 judicial review, reasonableness of action by statutory authority [Attorney General v. Solomon Islands Airways Ltd] 262 jurisdiction of Magistrate's Court customary land, whether matter arising in connection with [Mae v. Konihaka; Maeru v. Mindu] 218 locus standi Attorney General, of, as representative of public [Attorney General v. Solomon Islands Airways Ltd] 262 DPP, of, for criminal contempt of court [DPP v. Solomon Islands Broadcasting Corporation] 101 objection on grounds of partiality of court, members objected to taking part in decision [Rade and Soso v. Sautauna] 55 waiver of [Tauri'i v. Kerenote] 80 whether court bound to uphold [Teika v. Maui] 91 plea, not unequivocal, judge's duty to enquire [Fanasia v. DPP] [Yaneo v. DPP] 84, 199 precedent, Court of Appeal, of, effect on lower courts [Evo v. Supa and Returning Officer] 1 High Court, of, effect on later High Courts [Evo v. Supa and Returning Officer] 1 other jurisdictions, from effect of [Tong v. Attorney General] 112 trade dispute appeal, jurisdiction of High Court on [Solomon Islands Investment Ltd. v. Kelaupa] [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 20, 235 reinstatement of workers, dismissed in connection with proper recourse [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 1)] [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 27, 235 Sentence appeal against, where accused changes story, whether may increase [DPP v. Kolikisi] 150 criminal contempt of court, for [DPP v. Solomon Islands Broadcasting Corporation] 101 custom, attitude toward offence in sentencing [Berekame v. DPP] 272 violence perpetrated under pretext of [R v. Kaimanisi] 260 defilement policy guidelines given [Mulele v. DPP, Poini v. DPP] 145 factors in sentencing [Berekame v. DPP] 272 delay in prosecution [Bati v. DPP] 268 deterrent [Bati v. DPP] [DPP v. Kolikisi] 268, 118 increase of where accused changes story [DPP v. Kolikisi] 150 previous conviction [DPP v. Simeon (No. 2)] 147 lack of [Bati v. DPP] 268 rape, guidelines given [R v. Ligiau & Dori] 214 storebreaking, factors in [Bati v. DPP] 268 totality of considered [DPP v. Kolikisi] [DPP v. Simeon (No. 2)] 118, 147 youth, mitigation of [Bati v. DPP] 268 Solomon Islands National Provident Fund limitation on withdrawals [Maeke v. Solomon Islands National Provident Fund Board] 244 Statutory Interpretation plain meaning [Maeke v. Solomon Islands National Provident Fund Board] 244 remedial, attain objects [Attorney General v. Solomon Islands Airways Ltd] 262 Tort breach of statutory duty, remedy in statute, whether action lies in [Aihunu v. Attorney General] 108 damages for [Aihunu v. Attorney General] [Tong v. Attorney General] 108, 112 Trade Dispute defined [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 1)] [Attorney General v. SI Public Employees Union] [Solomon Islands Broadcasting Corporation v. Solomon Islands National Union of Workers] [Tri-Ed Association v. Solomon Islands College of Higher Education] 27, 136, 153 173 dismissal connected with, procedure when [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 1)] [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 27, 235 whether part of [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 1)] 27 dismissal demanded, whether a [Solomon Islands Broadcasting Corporation v. Solomon Islands National Union of Workers] 136 trade union immunity from suit, whether strike in furtherance of [Attorney General v. SI Public Employees Union] 153 Trade Dispute Panel appeal from, jurisdiction of High Court [Solomon Islands Investment Ltd. v. Kelaupa] [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 20, 235 award of, breach of, remedies for [Attorney General v. SI Public Employees Union] 153 jurisdiction of, whether trade dispute [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 1)] [Tri-Ed Association v. Solomon Islands College of Higher Education] 27, 173 procedure, consolidation of cases, consultation required before [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 235 discretion unfair dismissal connected with trade dispute [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 1)] [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 27, 235 Trade Unions constitution of, procedure to amend [Tri-Ed Association v. Solomon Islands College of Higher Education] 173 Crown and non-Crown employees in same union, legality of, constitutionality of restriction [Tri-Ed Association v. Solomon Islands College of Higher Education] 173 statutory immunity of [Attorney General v. SI Public Employees Union] 153 Traffic (see Motor Vehicles) Trespass customary, on, jurisdiction of Magistrate's Court [Mae v. Konihaka; Maeru v. Mindu] 218 Trial (See Court Headings, Evidence and Practice and Procedure) Unfair Dismissal burden of proof whether unfair [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 235 connected with trade dispute, procedure when [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 1)] [Solomon Taiyo Ltd. v. Solomon Islands National Union of Workers (No. 2)] 27, 235