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Solomon Islands Law Reports

The Solomon Islands Law Reports 1980/1981 Index of Cases Reported

(1980/81 S.I.L.R.)

Published by authority of the High Court

         

Page

Akua, R v.

7

Allardyce Lumber Company Ltd, Official Administrator for Unrepresented Estates v.

66

Attorney-General v. Solomon Islands Broadcasting Corporation

1

Amasia, Sia v.

150

Belae v. Markwarth Shipping Company Limited

218

Bird and Another v. Registrar of Titles

47

Chief Marine Officer, South New Georgia Development Corporation Ltd v.

225

Coral Seas Ltd v. Gilmore

119

Gatu, Saemala v.

196

Gere, R v.

145

Ghomo, Lilo v.

229

Ghotokera, Lilo v.

155

Gilmore, Coral Seas Ltd v.

119

Kaboa v. R

43

Kauwai, R v.

108

Lilo and Another v. Ghomo

229

Lilo v. Ghotokera

155

Lilo v. Panda

155

Longa v. Solomon Taiyo Ltd

239

Magu v. R

40

Markwarth Shipping Company Limited, Belae v.

218

Official Administrator for Unrepresented Estates v. Allardyce Lumber Co. Ltd

66

Ome v. R

27

Paia v. Soakai

86

Paia, Talsasa v.

93

Panda, Lilo v.

155

PKR Pacific Sales Ltd, Trading Company (Solomons) Ltd v.

172

R, Kaboa v.

43

R, Magu v.

40

R, Ome v.

27

R, Suinakwala

135

R, Wilikai

81

R v. Akua

7

R v. Gere

145

R v. Kauwai

108

R v. Ome

27

R v. Tuto

19

Registrar of Titles, Bird and others v.

47

Registrar of Titles and others, Teteha and others v.

209

Returning Officer for Western Province, Tauku v.

23

Saemala v. Gatu

196

Sia v. Amasia

150

Soakai, Paia v.

86

Solomon Islands Broadcasting Corporation, Attorney-General

1

Solomon Taiyo Ltd, Longa v.

239

South New Georgia Development Corporation Ltd v. Chief Marine Officer

225

Suinakawala v. R.

135

Talasasa v. Paia and Another

93

Tauku v. Returning Officer for Western Province

23

Teteha and another v. Registrar of Titles and others

209

Trading Company (Solomons) Ltd v. PKR Pacific Sales Ltd

172

Tuto, R v.

19

Wilikai v. R

81

 

Index

A

         

         

Acquisition proceedings, effect subsequent

land case

155

Accused, absent at trial

previous conviction of

19

procedure on

19

Adverse possession, land of

47

Alienated land, registration of transfer of

(47)
(209)

Appeal

sentence, approach on

27

to court of appeal by prosecution

27

Arbitration

award of, unclear

119

misconduct by arbitrators in

119

umpire

119

Arbitration

award of, unclear

119

misconduct by arbitrators in

119

umpire position of in

119

Attorney-General

powers in relation to customary land case

93

Automatism, defence of

7

Award, arbitrators by,

119

damages of

239

interest on

239

B

Bias, court of, applicable test

93

Bona fide, purchaser, registered land of

172

"British Protected person" meaning of in Constitution

86

Broadcast, previous convictions of accused of before trial

1

C

Carriage of Good by Sea

218

Certiorari, whether lies to Commissioner of High Court

218

Citizen, Solomon Islands of, meaning of

86

Civil procedure,

Issues, settlement of, magistrates court

218

Limitation, defence of, must be raised

218

Commissioner of High Court, whether subordinate to High Court

218

Constitution

Commissioner of High Court

150

Interpretation of

     "British protected person"

86

     "citizen of Solomon Islands"

86

     "common law"

66

     "leave of absence without salary

196

     "public officer"

196

Contempt, Court of

by publication of previous convictions

1

penalty on

1

Conveyance

presumption of validity of

209

registered land of

47

registered land of, validity of

209

Convictions,

previous proof of, in absence of accused

19

publication of, prior to conviction, a contempt of court

1

sentencing, approach to on

43

"Common law", to be applied in Solomon Islands

66

Contract,

carriage of goods by sea for

218

sale of registered land for

172

Conveyance, registered land of

(47)
(207)

Criminal Law

automatism, defence of

7

burden of proof,

     self defence of

27

     "special reason of"

81

corroboration, in case of rape

145

drunkenness, defence of

108

intent, nature of

108

mens rea

7

rape, evidence necessary

108

self-defence, burden of proof of

27

sentence (see under sentence)

Criminal Procedure

absence of accused, trial in

19

appeal by prosecution to Court of Appeal

27

language of the court

135

previous convictions, how proved

19

retrial, on murder charge

135

Customary Land Appeal Court

bias alleged against, test of

93

survey by, refusal of

155

Customary Land

acquisition proceedings, effect on subsequent customary land case

155

Attorney-General, power of in relation to

93

issue estoppel, in relation to

(93)
(229)

judgments in relation to, not in rem

155

res judicata, in relation to

(93)
(155)
(229)

D

Damages

assessment of

239

death on

66

deduction from, of sum paid under Workmens' Compensation Act

66

loss of eye for

239

loss of expectation of life for

66

loss of future earnings for

66

Deed, contract by, whether consideration necessary

47

Driving, whilst disqualified, sentence on

81

Drunkenness, defence as in criminal case

108

E

Election

Provincial, adequate notice of polling place

23

National,

     date to assess qualification for

196

     disqualified candidate standing, election void

196

     qualification for

86

     "citizen of Solomon Islands," meaning of

86

     "public officer" meaning of

196

Engines, ship of whether total horsepower test for shipping regulation

225

Estoppel, issue, customary land case in

(93)
(229)

Evidence

absence of accused in

19

corroboration of complainant in sexual case

145

injury, where no direct evidence of cause of

7

rape, required to prove

145

supporting, desirable in sexual case

145

F

Forgery, sentence for

40

Fraud, registration of land by

172

G & H

High Court

commissioner

150

contempt of interior court, powers in relation to

1

supervisory jurisdiction

150

I

Imprisonment, in absence of accused, as alternative to fine

19

Intent, criminal case in

108

Interest, damages on

239

Intoxication, as defence in criminal case

108

Issue, settlement by Magistrates Court

218

Issue estoppel,

ascertainment of issues decided

229

customary land case in

(93)
(229)

J

Judgment, customary land case in, whether in rem or inter partes

93

estoppel by

(93)
(229)

issue, settlement in

218

L

Limitation, defence of, to be specifically raised

218

Local

acquisition proceedings, jurisdiction not ousted by

155

validity of conveyance of registered land, no

209

Loss of earnings, damages for

66

Loss of expectation of life, damages for

66

M

Manslaughter, sentence for

(27)
(135)

Misconduct, arbitrators by

119

Murder

automatism as defence to

7

matters in extenuation under s 197 Penal Code

27

self-defence, onus of proof

27

N

Natural justice

absence of parties, settlement of issues in

218

absence of one party, hearing of evidence by arbitrators

119

bias, where alleged, test of

93

O

Occupation, registered land of, meaning

172

Objection, member of court to, time for

93

P

Possession, registered land of, meaning

172

Priorities, registered land to

172

Prescription, acquisition of title by

47

Presumption, as to validity of conveyance

209

Previous convictions

proof of in absence of accused

19

sentence, effect on

(43)
(40)

Provocation, defence of, in murder

27

Procedure (see under Civil Procedure and Criminal Procedure)

Public Officer, qualification for election to Parliament

196

R

Rape,

evidence of

145

sentence for

43

Registered land

adverse possession, acquisition of title by

47

conveyance of

(47)
(209)

priorities in relation to trust, of

172

registration of,

209

registration of, fraud in

172

Res judicata, application to customary land cases

(93)
(229)

Retrial, order for, effect of

135

S

Self-defence

burden of proof in

27

test of

27

Sentence

appeal on, date to run from

135

breach of trust

40

driving whilst disqualified

81

exemplary

43

forgery

40

manslaughter

(27)
(135)

previous conviction, effect on

43

"Special reasons", in traffic case proof of

81

Survey, land of by custom court essential

155

Ship, engine power for purpose of Shipping Regulations

225

Shipping, carriage of goods by sea contract for

218

T

Title, registered

application for

209

priorities as to

172

Traffic, driving whilst disqualified, sentence on

81

Trial, absence at

19

U

Umpire, arbitration proceedings in, position of

119

V

View, land of, by custom court, whether essential

155

W

Workmens' Compensation

declaration of, in claim for damages

66

Wounding, intoxication as defence to

108

 

The Solomon Islands Law Reports Index of Cases Reported 1982

1982 S.I.L.R.

Published by authority of the High Court of Solomon Islands

         

Page

B v B

5

P and Another v R

38a

Balou v Kokosi

94

Buchanan v Wilikai

123

Buga v Ganifiri

119

Chan Wing Motors Ltd, Mahabir v

19

D, In re

85

Fugui & Another v Solmac Construction Ltd. & Other

100

Ganifiri, Buga v

119

Hahe v Melzear

1

Hano v Toliole

58

Houanihou, Sukutaona v.

12

Idufo'oa v R

55

Ipao v R

128

Kikiolo, Seselono v

15

Kokosi, Balou v

94

Lo, Tang v (No. 1)

41

Lo, Tang v (No. 2)

78

Luna, Seijama v

25

M v S

137

Maeaniani v Saemala

70

Mahabir v Chan Wing Motors

19

Melzear, Hahe v

1

R, B and another v

38a

R, Idufo'oa v

55

R, Ipao v

128

R, Sau v

65

S, M v    

137

Saemala, Maeaniani v

70

Sau v R

65

Seijama v Luna

25

Seselono v Kikiolo

15

Solmac Construction Co. Ltd 7 Others, Fugui & Another v

100

Solomon Islands Plantation Ltd., Sukumia v

142

Sukumia v Solomon Islands Plantations Ltd.

142

Sukutaona v Houanihou

12

T v T and A

50

Tang v Lo (No. 1)

41

Tang v Lo (No. 2)

78

Toliole, Hano v

58

Wilikai, Bychanan v

127

 

Index

 

A

Acquisition

         

Meaning of, in Constitution

         

100

Proceedings,

     effect of

58

     Observation by acquisition officer in

58

"right", to be acquired, meaning of

100

Statute, not under

100

Advocate

Public Solicitors officer, officers act individually

41

Affiliation

Proceedings

     Order for maintenance in, means of parties to be considered

133

     Paternity order in, evidence before

133

Agency

Constructive agency

88

Proof, burden on person asserting

88

Ratification of

88

Appeal

Civil Case, new evidence on

142

Court of Appeal, application of proviso in criminal case by

128

High Court to,

15

from Customary Land Appeal Court

119

     In custody cases

137

Proviso on

128

C

Child

(Custody of, See Custody)

jurisdiction in relation to

50

"Child of Marriage", meaning of

50

Paternity order, procedure for

133

Citizen

Solomon Islands of, meaning in Employment Act 1981

19

Commissioner of Labour

Hearing for purposes of long service benefit procedure

19

Constitution

"acquisition" meaning of in S. 8(1)

100

Citizen of Solomon Islands, under

16 (19)

Compensation, declaration of rights to

25

Custom law as part of Solomon Islands, under

94

High Court, jurisdiction of, not ousted in constitutional matters by statute

100

"property" meaning of in S.8(1)

100

Contract

Agency in (see Agency)

88

Non est factum as defence to

70

Partnership, determination of

123

Sale of land, proof of

78

Criminal Case

Alibi, burden of proof

128

Court forming view of accused at early stage

65

Judgment in

65

Misdirection, effect of

128

Custody

Child of

     Appeal to High Court, considerations applying to

137

     Applicability of custom in

12

     "child of marriage", meaning of

50

Interim

     Interim order

85

     Order by foreign court, whether to be followed

85

     Paramount consideration

85

          Social Welfare report, essential to case

12

Custom

(See also Customary Land)

Custody cases, applicable in

12

Marriage in custom, whether valid in law

94

Proof of

12

Rights in custom, whether "property"

100

"Tribal Chief" meaning of in North New Georgia Timber Corporation Act

25

Customary land

Appeal Court, appeal against, time for

15

Appeal Court, form of judgment of

119

Jurisdiction of High Court on appeal

119

Jurisdiction, Constitutional over

100

Malaita, principles of ownership in

119

Rights over, whether property

100

Customary Land Appeal Courts

See Customary Land

D

Damages

Appeal against quantum, consideration on

142

Assessment of, comparison with other cases on

142

Broken leg, amount for

142

Divorce

(See also Custody Child & Marriage)

Condonation, elements of

9

Discretion statement, contents of

1

Discretion of court, exercise of

1

Principles for exercise

5

Driving

Without due care and attention, test for

55

E

Employment

Long service benefits, entitlement to

19

Estoppel

Res judicata by, in relation to child of marriage

50

Evidence

Affidavit by, when appropriate in civil action

41

Appeal, new evidence on, in civil case

142

Agency, of

88

Interpretation of

12

Letters of request, issuance of

41

Magistrate forming view of accused at early stage

65

Maintenance order in affiliation case, required

133

Paternity order, evidence required

133

F

Foreign Court

Order of, in custody case

85

H

High Court

(See also Practice)

Appeal from Customary Land Appeal Court

     Time for

15

     Jurisdiction in

119

Appeal in custody case, considerations applying to

137

Appeal in civil case, new evidence on

142

Constitutional jurisdiction of, whether ousted by statute

100

I

Interpretation

Evidence of

12

"Married Woman"

94

Statute of

19

L

(See Customary Land Registered Land)

Licence

Logging for, effect of

100

M

Magistrate Court

Judgment in, can be short followed by reasons

65

Affiliation proceeding in, procedure

133

Marriage

Child of, custody (See Custody) Custom marriage, whether valid in law

94

Motor Vehicle

Driving without due care and attention, test of

55

N

Non Est Factum

Applicability in contract in Solomon Islands

70

North New Georgia Timber Corporation

"Area", meaning of

25

Distribution by, right to receive

25

P

Partnership

Determination of

123

Dissolution of, rights after

123

Notice to determine

123

Pleadings

Must allege document inadequate in law

78

Practice

(See also Appeal, High Court, Magistrates Procedure)

Custody, child of, case to be heard on merits

     If foreign order

85

     Welfare report, who should see copy

85

Commissioner of labour, hearing before

19

Divorce, estopped by failure to take point

50

Pleading, failure to allege document inadequate in law effect of

78

Proviso, application of, by court of appeal

128

Welfare report, who should see copy

137

Prison

Juvenile offenders, to be kept separate from adults

38a

Procedure

(See also Practice)

Affiliation case in

133

Commissioner of Labour, hearing before

19

Criminal Case, judgment in

65

Custody case in, where order of foreign court

85

R

Ratification

Agency of

Registered Land

Acquisition proceedings, observation of acquisition officer

59

Rights over extinguished by delay

59

Overriding interest in

78

S

Sentence

Consecutive or concurrent, one transaction test

65

Juvenile Offenders, custodial sentence for

38a

Statutes

Acquisition of land under

100

Interpretation of

19

Whether can oust jurisdiction of High Court under jurisdiction

100

T

Timber

Logging of, licence for, effect of

100

Trial

Criminal, judgment in

65

Magistrate forming view of accused in

65

W

Welfare Report

Who should see copy

137

 

 

The Solomon Islands Law Reports Index of Cases Reported 1983

(1983 S.I.L.R.)

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

         

Page

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

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

Sakoroa 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

 

Subject Index

A

         

         

Appeal

(See also Practice and Procedure)

bail on, principles for grant

177

C

Child

custody of

223

Company

winding up, appointment of provisional liquidator, principles for

180

order, prima facie case for

180

Contract

bailment, liability under

160

burden of proof

160

lease (See Landlord and Tenant)

Constitutional Law

"Acts of general application", meaning of in Constitution

1

bias, tribunal of, waiver

87

Committee on Prerogative of Mercy

     constitution of

61

     improperly constituted, effect on advice of

61

compensation for breach of constitutional rights

127

constitutional action in court, locus standi for

61

crown, claim of privilege by in relation to documents

232

customary law, when overrides received law

1

detention, unlawful, effect on confession tendered

26

discretion, administrative, judicial review of

241

discrimination, interpretation of Act to avoid

273

executive appointment of chief, when courts can consider

56

fair trial, breach of natural justice, waiver of

87

freedom of movement, unlawful restriction on

127

Governor-General, decision of, when can be considered by court

61

"likely to be affected" meaning of in Constitution

61

locus standi, constitutional actions in

61

natural justice, breach of by bias, waiver of

87

natural justice, failure to hear case of party, effect of

103

personal liberty, unlawful restriction on

127

received law, relationship with customary law

56

redress of breach of constitution, action for, locus standi

61

rights,

     fundamental, compensation for breach of, against whom ordered

127

     measure of

127

statutes of UK, applicability where law codified

1

"subject to any act of Parliament", meaning of in Constitution

1

Criminal Law

"absolute offence", Solomon Islands in

78

appeal, time for, extension of

282

bail, appeal on, grant of

177

confession, admissibility of

26

fisheries offences, proof of

78

involuntary act, defence of

78

mental element in crime

78

mistake, defence of

78

murder, suicide pact, effect of

1

Penal Code, whether "subject to" UK Acts

1

Sentence

     accused's version of facts, court must consider

275

     "clang of prison gates" principles, whether applicable

53

     drug offences, sentences for

279

     fraud, by man of good character, sentence for

53, 177

     grievous harm, sentence for

275

     imprisonment coupled with fine, where appropriate

177

Status offence

78

strict liability, applicability in Solomon Islands

78

suicide pact, effect on murder charge

1

Custody

child of, principles applicable

223

custom in relation to

223

Customary Land

(See also Customary Law, Customary Land Courts)

Chief, where appointment factor in land case

56

registration, application for

265

Customary Land Courts

appeal, time for, effect of non-payment of fee

112

bias, alleged, waiver of

87

contempt of, approach to

166

jurisdiction, exclusive, over customary land

95

powers to make findings as to chief

56

procedure, cross appeals in

103

procedure, hearing before appeal court not re-hearing

103

procedure, reasons to be given

109

review of proceedings, ousted by Act

95

witnesses, calling of, before Appeal Court

103

Custom

chief, appointment of, in

56

child, custom applicable to custody of

223

High Court, finding by, not based on evidence in

95

patrilineal or matrilineal descent, finding of

95

support system in, when taken into account in imposing fine

177

D

Damages

arm, loss of, damage for

10

assessment of, in Solomon Islands

10

constitutional rights, breach of, compensation for

127

economic loss, for

10, 193

fatal accident for,

     dependency, calculation of

193

     funeral expenses

193

     future earning capacity, calculation of

193, 218

     loss of expectation of life

193, 218

interest on, rate of

40

interest on, to run from service of writ

40

Discovery

Crown claim of privilege on

232

E

Election

Premier of Province of, who need to be present

141

Provincial Government, qualification of candidate

34

qualification, residential, for

34

Estoppel

conduct by

47

Evidence

affidavit evidence, approach to

180

civil case in, to satisfy court on balance of probabilities

265

confession, admissibility of

26

confession, induced by oppression

26

Crown, refusing to discover on public interest privilege

232

discovery, public interest claim in relation to Crown document

232

document, privilege claimed by Crown

232

estoppel, conduct by

47

new evidence before Customary Land Appeal Court

103

witness, called by court, procedure on

106

witnesses, calling of, before Customary Land Appeal Court

103

F

Family Law

child, custody of

223

Fisheries

offence in relation to, proof of

78

H

High Court

(See also Practice and Procedure)

constitutional proceedings before, locus standi

61

contempt, procedure on

166

finding on customary law by, without evidence, effect of

95

judgment,

     when perfected

40

     reconsideration of

40

judicial review of deportation order, principles in

240

prerogative order, time for application

175

I

Immigration

deportation proceedings, judicial review of, principles

240

deportation order, underlying status at an end, quashed

259

husband of Solomon Islands citizen, right to enter and remain

273

"show cause" proceedings before magistrate,

     scope of

240

     expression of opinion by magistrate

240

rights acquired on entry by non-citizen

240

security matters, non-disclosure of, to court

240

ministerial discretion in relation to

240

wife of Solomon Islands citizen, right to enter and remain

259

Insurance

motor, third party, liability of insurers to co-insured drivers

151

J

Judicial Review of Administrative Action

(See Constitutional Law)

L

Labour Law

(See Trade Disputes)

Landlord and Tenant

lease, fixed term, determination of

47

surrender of lease

47

tenant, surrender by

47

Lease

(See Landlord and Tenant)

Local Court

(See also Customary Land Courts and Practice and Procedure)

bias in, waived on appeal

87

proceedings, review of

95

M

Magistrate

(See also Practice)

appeal by prosecution to High Court, extension of time for

282

bail, on appeal to High Court, grant of

177

immigration proceedings before, scope of

240

record, proceedings of

106

review of local court proceedings by

95

trial, conduct of, by

106

witness, called by

106

Motor Vehicle

insurance (See Insurance)

negligent maintenance of vehicle

10

Murder

(See Criminal Law)

O

"ordinarily residing" meaning of

34

P

Practice and Procedure

(See Court titles)

appeal, cross appeal procedure on

103

appeal in criminal case, extension of time for

282

appeal, time for, effect of non-payment of fee

112

burden of proof in civil cases

265

case for one party not heard, effect of

103

certiorari, proceedings for, application to extend time

174

certiorari, to quash deportation order, proceedings for

259

constitutional proceedings (See Constitutional Law)

contempt of court proceedings, leave required for each allegation

166

Crown privilege, claim on discovery

232

cross appeals, procedure on

103

discovery, Crown claim of privilege on

232

estoppel (See Estoppel)

fee, non-payment of, effect on appeal time

112

finding of custom, not based on evidence

95

hearing, before Customary Land Appeal Court, nature of

103

hearing, failure to hear case of one party

103

hearing, interventions by magistrate

106

interventions, magistrate by

106

judgment in civil case, reconsideration before perfected

40

natural justice, breach of, waiver

87

objection on ground of partiality of tribunal, waiver of

87

perfection of judgment, when occurs

40

pleading, failing to plead statutory limitation

160

prerogative order, application for (certiorari)

174

proof, civil case in

265

public interest privilege, discovery on

232

quashing of proceeding on review, application for

95

reasons, decision for, in Customary Lane Appeal Court, to be given

109

record, in criminal case, omissions from

106

review, magistrate by

     customary land case of

95

     procedure on

95

sentencing, account of accused in statement to be considered

275

statutory limitation, must be pleaded

160

time

     certiorari application for

174

     criminal appeal case in

282

     customary land appeal case in

112

     fee, non-payment of, effect on

112

Trade Dispute Panel (see that heading)

Witness

     called by court in criminal case procedure on

106

     before Customary Land Appeal Court, when allowed

103

Province

member of Assembly, qualification for election

34

Premier of, election of

141

R

Registration of Land

application to register, proof on

265

Real Property

(See Customary Land, Registration of Land and Landlord and Tenant)

Review

(See Practice and Procedure)

S

Sentence

(See Criminal Law)

Statutory Interpretation

code, whether subject to UK statute

1

discrimination, avoidance of

273

general principles of, applicable

141

literal approach to

141

Tort

breach of statutory liability

10

damages, for (See Damages)

negligence, maintenance of vehicle in relation to

10

Trade Dispute

industrial action in, whether compensation payable

117

referred to Trade Disputes Panel

117

Trade Dispute Panel

jurisdiction of

117

Trade Union

industrial action by, whether breach of Trade Disputes Act

117

locus standi of, before Trade Disputes Panel

117

recognition of, must be referred to the 'dispute'

117

Trial

(See also Practice and Procedure and court headings)

finding of custom, not based on evidence

95

intervention by magistrate

106

omission from record

106

sentence, court to have regard to accused's statement

275

witness, called by court

106

 

Solomon Islands Law Reports Index of Cases (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

         

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, DPP v.

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, DPP v.

28

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

 

Index

 

A

         

         

Animals

cattle, liability for escape of

55

Appeal

Customary Land Appeal Court from, bias alleged, "procedural requirement of any written law", s. 10(8) of the Constitution

20

Customary Land Appeal Court, whether survey necessary

4

damages in fatal case from, approach to

108, 146

dispute arising out of customary land, proper court to determine

1

fees on appeal arrangement to pay on credit

9

Findings of fact and credibility of witness, approach to

161

local Court from, to Customary Land Appeal Court, no need to file specific grounds

9

time for appeal from local Court to customary Land Appeal Court, commencement of time and "date of decision"

9

B

Bail

forfeiture of, means to be taken on forfeiture becomes civil debt forfeiture mitigation of

33

Bias

test for, reasonable bystander

20

C

Cattle Trespass

negligence and, strict liability for

55

Certiorari

delay in applying, avenues of appeal exhaustion of,

right to be heard under Public Service Commission Regulations 1979

80

Company

winding-up order, effect on contrast for employment, continued employment by Liquidator, effect of on damages

90

Constitutional law

binding effect of decisions of English courts

108

common law of England, applicability of

108

contempt of court and freedom of expression

61

courts, independence of, s. 10(8) and,

179

customary law and, customary legal duty inconsistent with provisions of

51

date of application of common law part of law of Solomon Islands by virtue of Schedule 3

108

decisions of court, must be given in public, s.10(9)

9

"fair hearing", meaning of, s.10(1)

161

inconsistency of s.197(c) of the Penal Code with s.4 of Constitution

interpretation of, general principles of

161, 179

law directory tot the courts in a particular case of matter, constitutionality of

179

mandatory penalty for murder, constitutionality of

161

power of Parliament, fixed penalty and

161

retrospective legislation and quasi-criminal offences

61

Schedule 3, general interpretation of

108

Schedule 3, what is the relevant common law

108

Separation of powers, judicial independence, implicit in Constitution

179

Contempt of court

burden of proof, quasi-criminal

61

customary land decision of,

24

public policy and the administration of justice, effect on

61

relevant time for consideration of, time of publication

61

Criminal Law and Procedure

binding over s.32(2) of the Penal Code, when order can be made

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

44

corroboration of accomplice evidence, approach to

44

fair hearing, s.10(1) of the Constitution

28

hearing, in criminal case, sentencing process including, "hearing", meaning of, s.10(1) of Constitution

161

murder, reduction to manslaughter, s.197(c) of the Penal Code, conflict with s.4 of the Constitution, resolution of inconsistency

51

mandatory penalty for, constitutionality of

161

provisions of s.182 of the Criminal Procedure Code, mandatory effect of

28

proviso s. 292(1) of the Criminal Procedure Code, application of, when mandatory provision not followed

28

questions to witnesses by judge of magistrate, proprietary of

155

sentence, murder for, mandatory, whether constitutional,

161

sentence, disparity, real and genuine grievance

44

sentence, imprisonment on juvenile offenders, when proper, lack of detention centres

37

statements of accused on oath and to the police conflicting, approach to, credibility of witness when conflicting statements given

44

trial, necessity for a proper hearing

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

51

Custom benefit received on death, effect on damages of

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 the decision,

9

Customary Land Appeal Court, appeal from, bias, s.10(8) of the Constitution

20

contempt of decision of

24

Development on, what, cutting down and planting trees

24

dissenting judgments in the Customary Land Appeal Courts, undesirability of

4

survey, no necessity for

4

D

Damages

appeals from awards, approach to

108, 146

custom benefits received on death, effect of

108

discounting of damages for future loss

108, 146

fatal accident for,

108, 146

dependency, calculation of,

108, 146

future loss of earning capacity, calculation of

108, 146

loss of expectation of life

108, 146

Divorce

non-islanders of, procedure to be followed

86

Islander, who is

86

E

Employment

dismissal by virtue of winding -up order

90

F

Fishing

fishing gear, meaning of, test to be applied, matter of fact

40

Foreign Investment

meaning of

95

G

Garnishee Order

money held as stakeholder or trustee, whether attachable

77

I

Injunction

"Mareva" injunction, Order 53 High court (Civil Procedure) Rules 1964

72

L

Local Courts

appeal from on a matter arising out of customary land, which court to

1

appeal from, what constitutes a valid appeal

9

appeal from, time for, when does time commence

9

date of decision of, what is, decision in public, what constitutes, s.10(9) of the Constitution

9

M

Magistrate Court

appeal arising out of customary land, whether power to entertain

1

Marriage

validity of, if there is want of proper form

86

P

Practice and Procedure

Certiorari,

     delay and, avenues of appeal, whether necessary to exhaust

80

     right to be heard under Public Service Commission Regulations 1979

80

divorce

     procedure to be followed where one of the parties to the marriage is not "an islander"

86

garnishee order

     money held as stakeholder or trustee, whether attachable

77

"Mareva injunction and receivers, whether specific right to property necessary, Order 53 r. 6(1) of High Court (Civil Procedure) Rules 1964

72

R

Receiver

appointment of under Order 53 r.6(1) of the High Court (Civil Procedure) Rules 1964, whether specific right to property necessary

72

S

Sentence

imprisonment of juveniles, consideration of prison conditions

37

mandatory sentence for murder, constitutionality of

161

disparity, real and genuine grievance

44

Statutes

interpretation of, same word to be given same meaning in same act

95

T

Tort

Cattle trespass, negligence and knowledge of evil propensity, strict liability and

55

Cows, whether ferae naturae or mansuetae naturae

55

Trial

(SEE CRIMINAL LAW AND PROCEDURE)

 

 

Solomon Islands Law Reports Index of Cases (1985/1986)

(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

         

Page

Aihunu v. Attorney General

108

Alisae v. Salaka

31

Attorney General, Aihunu v.

108

Attorney General. Fa'asifoabae v.

74

Attorney General, Tong v.

112

Attorney General v. Solomon Islands Airways Ltd

262

Attorney General v. Solomon Islands Public Employees Union

153

B., K. v.

39

Bati v. DPP

268

Berekame v. DPP

272

Biku and Others v. Talasasa and Zinihite

42

Customary Land Appeal Court (Western) ex parte S. Pitikaka, R v.

69

DPP, Bati v.

268

DPP, Berekame v.

272

DPP, Fanasia v.

84

DPP, Loumia

158

DPP, Mulelev./ Poini v.

145

DPP, Panjuboe v.

122

DPP, Yaneo

199

DPP v. Kolikisi

150

DPP v. Simeon (No. 1)

118

DPP v. Simeon (No. 2)

147

DPP v. Solomon Islands Broadcasting Corporation

101

DPP v. Tong

59

Evo v. Supa and Returning Officer

1

Fa'asifoabe v. Attorney General

74

Fanasia v. DPP

84

Forest Development Co. Ltd. (In re Bill of Sale)

Garunu, R v.

192

J v. S

209

Jolly Hardware and Construction Co. Ltd v. Suluburu

87

K. v. T. and Ku

49

Kaimanisi, R v.

260

Kaupoi v. Principal Magistrate (Malaita)

95

Kelaupa, Solomon Islands Investment Ltd. v.

20

Kerehote, Tauri'I v.

80

Kinisita, Marina v.

129

Kolikisi, DPP v.

150

Konihaka, Mae v.

218

Koru v. Official Administrator of Unrepresented Estates

132

K. v. B.

39

Ligilau & Dori, R v.

214

Loumia v. DPP

158

Lutu, R v.

249

Mae v. Konihaka

218

Maeke v. Solomon Islands National Provident Fund Board

244

Maeru v. Mindu

218

Malaita Customary Land Appeal Court, Siope v.

255

Marina v. Kinisita

129

Maui, Teika v.

91

Mindu, Maeru v.

218

Mulele v. DPP, Poini v. DPP

145

Official Administrator of Unrepresented Estates, Koru v.

132

Paeni, Thugea v.

22

Panjuboe v. DPP

122

Principal Magistrate (Malaita), Kaupoi v.

95

Rade and Soso v. Sautauna

55

R v. Customary Land Appeal Court (Western) ex parte S. Pitikaka

69

R v. Garunu

192

R v. Kaimanisi

260

R v. Ligiau & Dori

214

R v. Lutu

249

R v. Zamagita & 6 Others

223

S., J. v.

209

Salaka, Alisae v.

31

Simeon (No. 1), DPP v.

118

Simeon (No. 2), DPP v.

147

Siope v. Malaita Customary Land Appeal

255

Solomon Islands Airways Ltd., Attorney General v.

262

Solomon Islands Broadcasting Corporation, DPP v.

101

Solomon Islands Broadcasting Corporation v. Solomon Islands National Union of Workers

136

Solomon Islands College of Higher Education, Tri-Ed Association v.

173

Solomon Islands Investment Ltd. v. Kelaupa

20

Solomon Islands National Provident Fund Board, Maeke v.

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

Solomon Islands Public Employees Union, Attorney General v.

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

Suluburu, Jolly Hardware and Construction Co. Ltd v.

87

Supa and Returning Officer, Evo v.

1

T. and Ku, K. v.

49

Talasasa and Zinihite, Biku and Others v.

42

Talosui v. Tone'ewane

140

Tauri'I v. Kerenote

80

Teika v. Maui

91

Thungea v. Paeni

22

Tone'ewane, Talosui v.

140

Tong, DPP v.

59

Tong v. Attorney General

112

Tri-Ed Association v. Solomon Islands College of Higher Education

173

V., In re

252

Valenti v. Valenti

204

Yaneo v. DPP

199

Zamagita & 6 Others, R v.

223

 

Index

 

A

         

         

Administrative Law

judicial review of authority action

262

Adoption

domicile of applicant by choice, test

252

Appeal

(See also Court Hearings)

advisory opinions, whether Court of Appeal may give on

173

criminal

     time for, extension of

118

     against sentence, whether may increase after accused changes story

150

Customary Land Appeal Court

     bias

          justice objected to taking part in decision

55

          result, whether affected

80

          waiver of objection

80

     failure to attend by reason of custom, consequences of

255

     fees, what payable to constitute valid appeal to

95

     full and fair hearing, justice must be seen to be done

91

     jurisdiction of High Court on appeal from

91

     objection to member, whether bound to uphold

91

     procedural error in Local Court

255

     statements by justices out of court

91

time for, what constitutes valid appeal,

     to Customary Land Appeal Court

95, 129

     to High Court

95, 129

damages, approached to on

87

Findings of fact

59

High Court, supervisory jurisdiction of, whether may hear under

20

Magistrates' Court, to, against Lands Acquisition Officer,

     fee, whether payable

42

sentence, approach to on

272

Trade Disputes Panel, from, jurisdiction of High Court on,

20, 235

C

Child

adoption of, domicile of applicant

252

custody of,

     custom in relation to

49

     principles governing

49

putative father of, standard of proof

209

Citizen

dual national, right to freedom of movement

112

Civil Aviation

fare increases, control and discretion of licensing authority

153

Company Law

registration of charge,

     after winding-up order

64

     time for, extension of

64

winding-up

     creditors, rights of, when vested

64

Constitution

authority and independence of Courts and freedom of expression

64

bias of tribunal

101

compensation for breach of fundamental rights

8

constitutionality of, presumption of

112

contempt of court,

173

authority and independence of courts

101

DPP, locus standi

101

freedom of expression, and

101

customary law,

     where overridden by U.K. statute

49

     where inconsistent with Constitution

158

     whether law or mere belief

140

     whether recognised by Parliament

140

election, disqualification for, date of determination of

1

freedom of association, public officer, restriction of

173

     constitutionality of

173

freedom of expression and contempt of court

101

freedom of movement,

     dual national, applicability to

112

     passport withheld, when lawful

112

High Court, supervisory jurisdiction of

20, 69

precedent,

     Court of Appeal, of, effect on lower courts

1

     High Court, of, effect on later High Courts

1

public officer, unpaid leave to stand for election

1

“reasonable justifiable in a democratic society”,

     onus of proof that

173

     test of whether

173

right to life, whether customary duty to kill inconsistent with

158

Teaching Service Commission,

     powers and functions of

173

     crown instrumentality, whether

173

     employer of teachers, whether

173

warrant for expenditure when Parliament dissolved,

     discretion of minister

153

U.K. statutes, applicability of

49

Contempt of Court

criminal,

     approach to,

101

     authority and independence of courts

101

     freedom of expression

101

     imputing improper motives to judiciary

101

     malice

101

     reasonable comment in good faith

101

Criminal Law and Procedure

(See also Sentence)

aiding and abetting

223

appeal

     time for, extension of

118

     against conviction following guilty plea, approach to

84, 199

     against sentence, whether may increase where accused changes story

150

assessors, role of

158

conspiracy

223

contempt of court (See Contempt of Court)

101

custom,

     attitude toward offence considered in sentencing

272

     violence perpetrated under pretext of

260

defilement

     sentence

          policy guidelines given

145

          factors in passing

272

false pretences, “intent to defraud” defined

122

manslaughter,

     provocation, reduction from murder

158

     self defence, whether reasonable and necessary

192

murder

     defence or persons and property

223

     duty to kill in custom, whether legal duty

158

     malice aforethought, whether intent to cause grievous bodily harm

223, 192

     provocation, lose self control, reasonable man, reduction to manslaughter

158

     self defence

223

passport, obtaining by false statement, guilty knowledge required

59

plea of guilty not unequivocal,

84, 199

rape,

     consent

249

     sentencing guidelines given

214

sentence (See Sentence)

storebreaking, factors in sentencing

268

Crown Proceeding

Trade Dispute Panel award, enforcement of against Government,

     applicability of

153

Custody

of child

     custom in relation to

49

     principles applicable

49

Custom

attitude toward offence considered in sentencing

272

compensation

     demanding with violence or threats

260

     maintenance order, effect of payment of on

39

custody, applicability to

49

duty under, whether part of law, whether inconsistent with Constitution

158

election, prevented from voting by reason of, whether duty to make arrangements for

140

mourning, failure to attend court

255

proof of

49

Customary Land and Customary Land Appeal Court

appeal to,

     fees, what payable to constitute valid appeal

91

     time for, what constitutes valid appeal

95, 129

bias by,

     justices objected to taking part in decision

55

     result, whether affected

80

     waiver of objection

80

burden of proof, who goes first

255

fraud on, effect of

69

hearing, full and fair. Justice must be seen to be done

91

Magistrate’s Court, jurisdiction of, whether matter arising in connection with

218

objection to member of, whether bound to uphold

91

record of alteration of

69

D

Damages

appeal against quantum, approach to

112

assessment of,

     constitutional rights, for breach of

          economic loss

108

          anticipatory

108

     head injury, for

112

     personal injury, for

          in Solomon Islands

112

          comparison with other jurisdictions

112

trespass, for

     customary land, jurisdiction of Magistrates’ Court to assess

218

Divorce

cruelty, test of

204

Domicile

by choice, test of

252

E

Elections

breaches of law as to,

     result unaffected

1

     substantial breaches

          result unaffected

1

          test of whether

1

     trivial breaches

          right of action in tort for

108

bribery,

     charitable gifts at election time, whether

22

     standard of proof of

22, 31

corrupt practices, standard of proof of

22, 31

custom, where belief prevents voting, whether duty to make arrangements for

140

declaration that candidate elected, whether mandatory

74

defer, when Electoral Commission may

74

defined

1

disqualification for, date of determination of

1

nomination form, date of declarations thereon construed to speak

1

notification and publication of results, whether mandatory

74

petition, correct procedure to challenge results of

74

public officer on unpaid leave

     qualification to stand, date leave must be effective

1

treating,

     "corruptly" defined

31

     standard of proof

31

Employment

test of

175

Estates

cohabitation, presumption of valid marriage

132

intestate non-Solomon Islander, applicability of UK law to

132

Evidence

criminal case,

     no case to answer, test of whether

249

     intention, aggressive statements during fight

223

custom, proof of

49

domicile, proof of, residence intention

252

fresh evidence on appeal, procedure when

209

perjured, effect of

69

review of on appeal, approach to

112

F

Family Law

adoption

     domicile of applicant, test of

252

cohabitation, presumption of valid marriage

132

custody of child

     custom in relation to

49

     principle governing

49

divorce

     cruelty, test of

204

maintenance, customary compensation, payment of effect on

39

putative father, standard of proof

209

Fraud

defined

69

effect of

69

intent to defraud defined

122

H

High Court

appeal,

     from Customary Land Appeal Court to

          jurisdiction of

91

          time for, what constitutes valid appeal

95, 129

     from Trade Dispute Panel to, jurisdiction of,

20, 235

jurisdiction of,

     Customary Land Appeal Court, appeals from

91

     supervisory, prerogative orders

20, 69

     Trade Disputes Panel, appeals from

20, 235

precedent,

     Court of Appeal, of, effect on

1

     High Court, of previous, effect on

1

I

Insurance

(See Motor Vehicles)

L

Labour Law

(See Employment, Trade Dispute, Trade Disputes Panel, Trade unions and unfair Dismissal)

Land (Customary Land Appeal Court)

M

Magistrates' Court

appeal from Lands Acquisition Officer to,

     fee payable, whether

42

     time for, date of determination construed

42

customary land, jurisdiction of, whether matter arising in connection with

218

Maintenance

customary compensation, payment of, effect on

39

Marriage

cohabitation, presumption of valid marriage

132

Motor vehicle

Third Party Insurance for, statutory defence

84, 199

P

Passports

alteration of, validity of

112

obtaining by false statement, guilty knowledge required

59

withholding of, when legal

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

173

     divorce

209

     election, corrupt practices

22, 31

     putative father, that

209

Constitution, presumed constitutional

173

court record,

     alteration of

69

     mandatory requirement, must be noted on

235

criminal cases,

     assessors, role of

158

     no case to answer, test of whether

249

customary land (See Customary Land Appeal Court)

     fee,

          on appeal to Customary Land Appeal Court,

               what payable to constitute valid appeal

95

          on appeal to Magistrates' Court from Lands Acquisition Officer, whether payable

42

hearing, full and fair, justice must be seen to be done

91

injunction, discretion of court

136

judicial review, reasonableness of action by statutory authority

262

jurisdiction of Magistrate's Court

     customary land, whether matter arising in connection with

218

locus standi

     Attorney General, of, as representative of public

262

     DPP, of, for criminal contempt of court

101

objection on grounds of partiality of court,

     members objected to taking part in decision

55

     waiver of

80

     whether court bound to uphold

91

plea, not unequivocal, judge's duty to enquire

84, 199

precedent,

     Court of Appeal, of, effect on lower courts High Court, of, effect on later High Courts other jurisdictions, from effect of

1

     high Court, of, effect on later High Courts

1

     other jurisdictions, from effect of

112

trade dispute

     appeal, jurisdiction of High Court on

20, 235

     reinstatement of workers, dismissed in connection with proper recourse

27, 235

appeal against, where accused changes story, whether may increase

150

criminal contempt of court, for

101

custom,

     attitude toward offence in sentencing

272

     violence perpetuated under pretext of

260

defilement

     policy guidelines given

145

     factors in sentencing

272

delay in prosecution

268

deterrent

268, 118

increase of where accused changes story

150

previous conviction

147

     lack of

268

rape, guidelines given

214

storebreaking, factors in

268

totality of considered

118, 147

youth, mitigation of

268

Solomon Islands National Provident Fund

limitation on withdrawals

244

Statutory Interpretation

plain meaning

244

remedial, attain objects

262

T

Tort

breach of statutory duty, remedy in statute, whether action lies in

108

damages for

108, 112

Trade Dispute

defined

27, 136, 153, 174

dismissal connected with,

     procedure when

27, 24

     whether part of

27

dismissal demanded, whether a

136

trade union immunity from suit, whether strike in furtherance of

153

Trade Dispute Panel

appeal from, jurisdiction of High Court

20, 235

award of,

     breach of, remedies for

153

jurisdiction of, whether trade dispute

27, 173

procedure

     consolidation of cases, consultation required before

235

     discretion unfair dismissal connected with trade dispute

27, 235

Trade Unions

constitution of, procedure to amend

173

Crown and non-Crown employees in same Union,

     legality of, constitutionality of restriction

173

statutory immunity of

153

Traffic

(See Motor Vehicles)

Trespass

customary, on, jurisdiction of Magistrate's Court

218

Trial

(See Court Headings, Evidence and Practices and Procedure)

U

Unfair Dismissal

burden of proof whether unfair

235

connected with trade dispute, procedure when

27, 235

 

 

Solomon Islands Law Reports Index of Cases (1987)

(1987 S.I.L.R.)

Editor: Hugh Macleman

Published by the High Court of Solomon Islands

         

Page

Director of Public Prosecutions v Sanau and Hou

Tanabose v Director of Public Prosecutions

1

Toritelia v The Queen

4

Ngina v Reginam

35

Dalo v Reginam

43

Regina v Rose

45

Kayuken Pacific Limited v Harper

54

Solomon Islands Public Employees Union v Solomon Islands Government

60

Maomatekwa v Malaita Provincial Assembly

65

Attorney General v Toiraena

68

The Ombudsman v The Attorney General, Rural Industries Ltd. (In receivership), Robert Victor Emery, Monarch Leasing PTE Ltd., Frederick Thomas Campbell, David William Howell, Hong Kong and Shanghai Banking Corporation

75

South Pacific Marketing (N.Z.) Ltd. v Daniel Maile

81

R. v (1) Faufane, (2) Lalefauta, (3) Fi'imae

88

Sasango v Beliga

91

 

Index

 

A

          

          

Appeal,

constitutionality of summary dismissal of

1

Relationship to revisal

1

Attorney General, usurpation of function of

68

Bias, disqualification of magistrate by

35

Children, welfare and custody of

91

C

Civil Procedure,

Jurisdiction of Registrar

54

Locus standi of Ombudsman

75

Need for stringent peremptory orders

54

Review of Registrar's decision

54

Setting aside default judgment

54

Striking out for want of prosecution

81

Constitutional Law,

Corporal punishment, constitutionality of

45

Dismissal

1

Ombudsman, function of

75

Protection from inhuman treatment

45

Trade Disputes Panel, constitutionality of retrospective award

60

Criminal law,

Assault, whether corporal punishment unlawful

45

Demanding with menaces

88

Embezzlement, meaning of "fraudulent"

4

Embezzlement, defences to

4

Sentence, see "Sentence"

Criminal Procedure Code, see "Appeal",

Magistrate, disqualification by bias

35

Member of Parliament, sentencing of

35

Custody and Welfare of children

91

O

Ombudsman,

Functions and powers of

75

Locus standi

75

P

Provincial Government of oath by Assembly members

65

S

Sentence,

Delay in bringing prosecution

43

Fishing with explosives

35

Unlawful wounding

35

T

Trade Disputes,

Jurisdiction of Panel

60

Meaning of "trade dispute"

60

Retrospective award by panel

60

W

Workmens Compensation, meaning of "accident"

68

Solomon Islands Law Reports Index of Cases (1988-1989)

         

Page

Allardyce Lumber Company Ltd., Bisili, Roni, Sakiri, Hiele, Sasae, Poza, Zongahite, Daga, Pato and Zingihite v. Attorney General, Commissioner of Forest Resources, Premier of the Western Province and Paia

78

Babaua v. Roselyn

22

Charles Fosala v. Reginam

139

Director of Public Prosecution v. Clement Tom

118

Director of Public Prosecution v. Dao and Dao

142

Director of Public Prosecution v. Maesala

145

Director of Public Prosecutions v. Noel Bowie

113

Edward Fiuadi v Reginam

150

Haomae v. Bartlett

35

In the matter of Section 27(2), 48 and 49(1) of the Constitution and in the matter of an application by Honourable Andrew Nori, member of Parliament for West Are Constituency and Others

99

In the matter of Section 92(5) of the Constitution and in the matter of an application by Rt. Hon. Sir Peter Kenilorea KBE

50

In the matter of the Commodities Export Marketing Authority Act, the Commodities Export Marketing Authority v. The Attorney General

39

Joel Aosi v. Reginam

1

Joel Likiula and Allen Kokolobu v. Reginam

148

John Ini Ela v. Reginam

7

Kenneth Charles Ferris v. Reginam

128

Khy Co. (SI) Ltd. and Christopher Anthony Kwan v. Ling Kun Xiang, Zhao Li Qin, Guanghan Hong Co. Ltd and Guangdong Enterprises (Holdings) Ltd.

63

Koraua and Kaitira v. Reginam

4

Liufaifao'oa v. Malaita Customary Land Appeal Court

70

Nathaniel Waena v. Attorney General

29

Oloni and Fagasi v. Konairamo and Faaferoa

66

Peter Baru v. Reginam

132

Peter Wateoli v. Public Service Commission

25

Regina v. Johnson Kengalu and Moses Tagakule

153

Regina v. Paul Baekalia and Marcellin Saro

159

S.I. National Union of Workers v Honiara Town Council

43

Samson Poloso (On behalf of HM Salo Store) v Honiara Consumer Co-operative Society Ltd.

16

Stanley Bade v. Reginam

121

Tovua, Labu, Anisi, Bosali and Kona v. Meki, Ilala, Didi, James, Chaku, Pasi, Tawiha, Ocha and Earthmovers Solomons Ltd

74

Wallace Campbell v. Reginam

136

Wheeler v. The Attorney General

54

 

Index

A

         

         

Affiliation, Separation and Maintenance

Maintenance orders

22

Appeal

Against acquittal

118

Against conviction

121, 128, 150

Bail pending appeal

7

Customary land appeal court, appeal from

70

Finding of fact by magistrate

128, 150

Following plea of guilty

121

Leave to appeal to court of Appeal

1, 7

Registrar, appeal from

16

Trade Disputes Panel, appeal from

25

B

Bribery

Election petitions, standard of proof

35

C

Children

Maintenance orders, reasonable needs of child

22

Civil Procedure

Body corporate, whether entitled to carry on proceedings by authorised officer

16

Customary land appeal court, costs in

70

Irregularity in judgment

16

laches

70

Non-compliance with rules, effect of

16

Registrar, appeal from

16

Standard of proof, election petitions

35

Writ of ne exeat regno

63

Constitutional Law

De facto office, whether common law doctrine has effect

99

Discrimination on grounds of sex

113

Discrimination on grounds of strike action

43

Election of Governor General

99

Election of Speaker

29

Inconsistency, effect of

25, 113

Public Service commission, functions of

25, 54

Public Solicitor Act, 1987, effect of

50

Royal prerogative, whether subject to Constitution

99

Speaker, duties and powers of

29

Criminal Law

Abusive words

118

Attempted murder

7

Burglary

121

Gross indecency

113

Murder, mens rea

1

Penal provisions inconsistent with Constitution

113

Public place

118

Sentence, see Sentence

Criminal Procedure

Alternative verdicts

121

Delays

142

Duplicity

121

Requirement of a written judgment

128

Withdrawal of charges

118, 142

Custom

Compensation for cutting trees

66

Election petitions, positions of custom in

35

Representatives of landowners, constructive trustees

78

Customary Land Appeal Court

Duty to advise litigants

70

Procedure as to costs

70

Timber rights, appeal from Area Council determination

74, 78

Customary Land

Jurisdiction of Magistrates' Court

66

Timber rights, acquisition of

74, 78

Customs and Excise

False declaration

159

Fraudulent evasion of duty

159

E

Education Act

Act, 1978

142

Revealing contents of examination paper

142

Elections

Election petition, allegation of bribery

35

F

Firearms and Ammunition

Importation of

159

Possession of

159

Forest Resources and Timber Utilisation

Act, Cap. 90

74, 78

Acquisition of timber rights

74, 78

Royalties, payment of

74

G

Governor General

Election of

99

De facto office

99

Guarantors

Commodities Export Marketing Authority, whether entitled to act as guarantor

39

J

Juvenile Offenders

Act, 1972

136

Conditional discharge under

136

L

Legal Practitioners

Act, 1987

16

Local Courts

Customary land, exclusive jurisdiction

66

M

Magistrates' Courts

Discharge

118

Discretion to allow withdrawal of charge

118, 142

Jurisdiction over customary land

66

Maintenance orders, reasonable needs of child

22

Requirement of a written judgment

128

P

Parliament

Attorney General, power to give legal advice

29

Election petitions

35

Governor General, election of

99

Speaker, duties and powers of

29

Speaker, election of

29

Speaker, power to rule on points of order

29

Practice

Body corporate, whether entitled to carry on proceedings by authorised officer

16

Writ of ne exeat regno

63

Public Office

Attorney General, whether holder of public office

29

Contract office holding

54

Holder of, whether qualified for election

29, 99

unpaid

99

Public Solicitor

Act, 1987

50

Discretion to provide legal aid

50

Public Service Commission

Duty to act fairly

Natural justice

Power to terminate public officers

Regulations

Right of Appeal from

R

Road Traffic

Act, Cap. 19

128, 132, 134, 139

Defective brakes, causing and permitting

139

Disqualification

132, 139

Driver by occupation

132

Driving under the influence of liquor

128

Driving whilst disqualified

132

Imprisonment, when appropriate

132

S

Sentence

Attempt, punishment of

4, 7

Attempted rape

4

Attempted murder

7

Burglary

121

Communal work

136

Concurrent sentences

121, 134

Conditional discharge

136

Consecutive sentences

121, 134

Disqualification from driving

132, 139

Driving whilst disqualified

132

False pretences

134

First offender

148

Incest

145

Larceny by servant

150

Life imprisonment, when appropriate

7

Mitigation, delay in laying charges

142

Offenders acting in concert

4

Receiving stolen property

134

Shipping act, disregard of marine safety

153

Suspended sentence

145, 148, 150

Warehouse breaking

148

Shipping

Act, (Cap. 98)

153

Regulations

153

Sentencing

153

unseaworthiness

153

T

Trade Disputes

Jurisdiction of Trade Disputes Panel

25

Public servants

25

Trade Disputes Panel, whether a court

25

Trustees

Customary representatives, constructive trustees

74, 78

Trustee Act, 1925 (UK), application of

78

U

Unfair dismissal

Act, 1982

25

Inconsistency with constitution

25

Public servants, whether Unfair Dismissal Act applicable to

25

Strike, whether dismissal unfair

43

 

 

Solomon Islands Law Reports Index of Cases (1990)

Published by Authority of the High Court of Solomon Islands

         

Page

Alfred, Beverly v Silas Brandy

20

Allardyce Lumber Company Limited v Laore

174

Ataban Tropa v Regina

212

Attorney-General and the Chairman of the Public Service Commission v Kenneth George Wheeler

137

Batuna Enterprises v Ratu

55

Buto, Funifaka, Manata, Tekulu, Tion, Tozaka and Hiele v The Attorney-General

244

Cox, WF v Fielder Industries (SI) Limited

77, 123

Cross v Attorney-General

126

Duke Pacific Finance Ltd v The Owner of the Ship "Tiki"

104

Gavin v Gavin

160

Gouwadi v Reginam

118

Gua v Reginam

129

Harvest Pacific Limited v The Attorney-General (representing Ministry of Works and Public Utilities) and Elaine Eddie

207

Hou, Peter v The Attorney-General

88

Hyundai Timber Company Limited v Charles Qatu and Others

1

Iro v Reginam

194

Kaliuae, John Maetia v Reginam

23

Kera, Maxwell Simi v The Attorney-General, Ragoso, Viuru, Tona, Alu, Boso

45

Kimisi v Director of Public Prosecutions

82

Kulagoe, Celestine v Francis Durai

49

Kwaita, Charles v Reginam

71

Leong v Leong and Iro

66

Liliau, Michael v The Attorney-General

35

O'Brien, Ta'asi v Solomon Islands National Teachers Association

14

Olomane v Director of Public Prosecutions

114

Philip, Danny v The Speaker of the National Parliament

227

Qatu v Registrar of Titles and Attorney-General

92

Regina v Customary Land Appeal Court (Western) Ex parte Ulekesa

197

Regina v Asuana

201

Regina v Fakatonu

97

Regina v John Teo'ohu

265

Rojumana v Reginam

132

Roko, Peter v Reginam

270

Saetikera v Lalapitu

204

Silvania Products (Australasia) Ltd v John William Storey

41

Solomon Islands National Union of Workers v Attorney-General

7

Solomon Islands National Union of Workers v Solomon Kitano Mendana Hotel Limited

167

Solomon Islands National Union of Workers v Star Harbour Timber Co Ltd

217

Sunking Enterprises Ltd v SI Engineering and Machinery Limited

63

Taika, Jeffrey v Premier of Central Province and John Tay private

30

Tierney v Hastings Deering (SI) Limited

171

Tong, Sunny Wunsan v Kayuken Pacific Limited and Khoo

4, 188

Waiwori, Clement v The Attorney-General

274

 

Index

 

A

         

         

Admission

Withdrawal of admission in civil case

See Civil Procedure

Appeal

Against sentence

132-36

Burden of Proof

118-22

Customary Land Appeal Court, from

200

Extension of time for

See Civil Procedure

High Court, from

72-76

Magistrate's comments on witnesses

118-22

Magistrate's Court, from

50-54

New evidence

72-76

Notice of Appeal

     Allegation of off the record remarks must be expressly pleaded

118

Weight of evidence

114-17

Area Council

See Provincial Government

Arrest

Wrongful

91

C

Certiorari

See Civil Procedure

Civil Procedure

Appeal from Magistrate's Court

See Appeal: Magistrate's Court, from

Appeal, extension of time for

123-25

Attachment of earnings

206

Certiorari

198-200, 261

Costs

See Costs

High Court

     Power to revise Magistrate's Court decision

     See High Court

Interrogatories

55-62

Judgment Summons

55-62

Mandamus

262

Non-compliance with rules

   Step in proceedings after discovery of

41-44

Oral Examination, application to set aside order for

193

Originating Summons

41-44

Pleading

     Allegation of off the record remarks

118

Prohibition

86

Registrar, appeal from

171-73

Stay

137-59

Stay pending appeal

188-93

Withdrawal of admission

126-28

Collective Agreement

See Trade Dispute

Commission of Inquiry

93

Common Law

181

Constitutional Law

Constitution

     supreme law

234

Public Servants, right to retire

259

Speaker, duties and powers of

243

Standing Orders of parliament

227-43

Contract

Claim for money due

169

illegality

165

Costs

Security for costs

171-73

Taxation of costs

1-3

Criminal Law

Abusive words

195

Assault

122

Common assault

213

Defilement

114-17

Drunk and disorderly

195

Embezzlement

129-31

Going armed in public

213

Incest

270-73

Malice aforethought

269

Malicious damage

195

Manslaughter

265-69

Murder

265-69

Self-defence

265-69

Rape

     Corroboration

76

     Custom compensation

76

Resisting arrest

195

Unlawful assembly

213

     Appeal against acquittal

23-29

Criminal Procedure

Duty of Magistrate on guilty plea

129-31

Trial

     Absence of accused

     See Trial

Warrant of arrest

88-91

Custom

Compensation, as a factor in sentencing

202

Customary Land

Customary Land Appeal Court

198-200

Ownership of foreshore

174-87

Ownership of reef

174-87

Customary Law

Proof and pleading of

180

D

Damages

Wrongful arrest, for

See Arrest

Wrongful dismissal

See Wrongful dismissal

E

Evidence

Affidavit

131

Ambiguity

114-17

Burden of proof

     Quantum meruit claim

     See Quantum Meruit

F

Family Law

Affiliation

20-22

Maintenance

     Factors in awarding

66-70

     Factors to be taken into account in awarding

206

Maintenance agreement

160-66

Separation agreement

160-66

Fish processing licence

See Fisheries: Licensing regulations

Fisheries

Licensing regulations

35-40

G

Guilty plea

See Criminal Procedure

H

High Court

Appeal from

See Appeal

Inferior court proceedings not automatically stayed

137-59

Issue of Directions to Magistrate's Court

21

Jurisdiction over proceedings in parliament

239

Jurisdiction to enforce collective agreement

167-70

Jurisdiction to interpret the Constitution

234

Power to revise after sentence served

97-103

Power to revise Magistrate's Court decision

55-62

Transfer of case from Magistrate's Court

21

Honiara Town Council

274-91

Human rights

Right to be tried within a reasonable time

See Trial

I

Incest

See Criminal Law

International Law

Sovereignty

183

J

Judgment Summons

See Civil Procedure

M

Magistrate's Court

Jurisdiction

     Validity of marriage

20-22

Transfer of case to High Court by

21

Maintenance

See Family Law: Maintenance

O

Originating Summons

See Civil Procedure

P

Parliament

Privilege

234

Speaker, duties and powers of

227-43

Standing Order

227-43

Prime Minister

Motion of no confidence in

229

Provincial Government

Area Council

     Validity of election of President

30-34

Honiara Town Council

     Cancellation of warrant establishing

274-91

Public Service Commission

Jurisdiction where High Court proceedings pending

137-59

Power to terminate employment of Permanent Secretary

244-64

Right to terminate employment

45-48

Q

Quantum Meruit

Burden of proof

63-65

R

Registered land

Rectification of Register

92-96

S

Self-defence

See Criminal Law

Sentence

Custom compensation

203

Exemplary

97-103

Factors to be taken into account

132-136

Ill health

     Evidence must be clear

136

Incest

270-73

Mitigation

202

Residence Order

194-96

Ship

Definition of appurtenances

104-13

T

Tort

Negligent driving

207-11

Rylands v Fletcher

186

Vicarious liability

207-11

Trade Dispute

Collective Agreement

     Right to sue in High Court

170

Infringement of Constitution

     Threat of termination

7-13

Referral to Panel, duties of parties after

217-26

Trade Union

Appeal from decision of

19

Suspension of membership

14-19

Trial

Absence of accused, right to proceed in

212-16

Right to be tried within a reasonable time

83-87

U

Unfair Dismissal

Compensation for

224

Unlawful Assembly

See Criminal Law

W

Wrongful dismissal

Damages for

78-81

 

 


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