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SKL Wawasan SI Ltd v New Ocean Ltd [2022] SBCA 6; SICOA-CAC 13 of 2020 (8 July 2022)

IN THE SOLOMON ISLANDS COURT OF APPEAL

JUDGMENT OF THE COURT

1. This matter has been listed for formal dismissal. Leave to appeal out of time was sought and granted but given the history of this matter, was the subject of conditions. Those conditions included strict adherence to applicable time limits set out either in directions or by the Court of Appeal rules themselves.
2. Following the grant of leave the Notice of Appeal pursuant to that leave must be filed and served. Several months after the grant the notice of appeal had not been served on the respondent to the appeal.
3. The grant of leave itself followed from earlier noncompliance in the High Court resulting in the original default judgment and the subsequent decision of the High court not to set aside that default judgment. At each step, counsel for this appellant failed to comply with orders, mainly deadlines imposed by rules or direction orders. Even submissions that were allowed in opposition to the application to dismiss this appeal were not filed by the hearing date after time was allowed for that purpose.
4. It could be said that when the conditions of the grant of leave were not complied with, the leave itself would lapse without further order and there would be no appeal on foot. That course leads only to uncertainty and a growing mountain of files in the Registry not having been put before a Full Court for any determination. Therefore, it is preferable to end all doubt and allow the Full Court the opportunity to determine that the appeal should be dismissed or not. That also permits a party to make further representations if some intervening impossibility has occurred. In this case no such representations have been made
5. This appeal is dismissed. Costs of and incidental to this appeal are awarded to the Respondent to be agreed or taxed.

Goldsbrough P
Palmer CJ
Hansen JA