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Williams v Honi [2009] SBCA 6; CA-CAC 33 of 2008 (26 March 2009)

IN THE SOLOMON ISLANDS COURT OF APPEAL

EX TEMPORE DECISION

HANSEN JA: The respondent issued proceedings against the plaintiff in May of 2004.

On the 22nd of June 2007 His Lordship Justice Brown entered judgment against the appellant in the sum of $86,100 together with interest of $13,492.93. Costs were awarded to the plaintiff to be taxed if not agreed.

No part of the judgment has been paid. The respondent took appropriate steps under the rules to enforce judgment. He obtained an enforcement order for seizure and sale of the appellants land and any chattels located thereon.

On the 7th of November 2008 the appellant filed an interlocutory order seeking a stay and an installment order of $10,000 per month. This was refused by his Lordship Justice Faukona on the 11th of December 2008. On the 17th of December 2008 the appellants sought leave to appeal. This was refused by a single judge on the 5th of March 2009. On the 19th of March the appellant gave notice to renew his application to the full Court.

A perusal of the file demonstrates that the appellants’ submission that there was no application for enforcement is wrong. It was made by Mr Lavery in accordance with Rule 21.29 on the 13th of October 2008. The Registrar made the order in Form 26 of the Rules. Rules 21.30 require that unless the Court orders otherwise, the application must be dealt with without a hearing and in the absence of the parties.

In any event, the application for a stay is without merit. Nearly two years have gone pass since judgment and nothing has been paid by the appellant. He offers installments of $10,000 per month but his own evidence shows a net income of only $4,480 per month. Any payment by installments is a matter for the appellant to take up direct with the respondent.

Leave to appeal is refused with costs to the respondent.

Sir Albert R. Palmer
Chief Justice

Vice-President of the Court of Appeal

Williams JA
Member of the Court of Appeal

Hansen JA
Member of the Court of Appeal