REEF PACIFIC TRADING (THE
COMPANY)
& JOAN MARIE MEINERS
v
PRICE WATERHOUSE (THE FI/span>
RICHARD ANTHONY BARBER
(PARTNER) &
WILLIAM DOUGLAS
McKLUSKEY(PARTNER)
ass="Mso="MsoNormal" style="margin-right: .2pt; margin-top: 1; margin-bottom: 1">
High Court of Solomon Islands
Civil Case No. 164 of 1994
Before: C.J. John Muria
HearingFebruary 1998
Judgment: 2 March 1998
Ms J. Meinerperson
Steve Patrick for the
Defendants
>
Interlocutory Judgment
MURIA CJ:
This is an application by the plaintiffs asking the Court to assign this
matter to be dealt with by an independent trial
judge. The plaintiff brought
this application following the recusal of Mr. Justice Lungole-Awich from
hearing this case.
Under the order of recusal, it
was directed that the matter be placed before the Hon. Chief Justice so as
to have the
matter reassigned to another judge. The case has been placed
before me and while I am in the process of giving directions to
the
Registrar of High Court as to the listing of the matter, this application
had been filed by the plaintiffs.
I think this is an unnecessar application as I had indicated at the hearing of this apis application. As a
general rule in
this Court where for any reason a judge is unable to hear or
deal with the matter listed before him, the Chief Justice may
either by
order or direction direct the matter to be tried by another judge. An
application such as the one now brought
by the plaintiffs, not only that it
is unnecessary in the circumstances of this case, but takes up the Court's
time and
causes unnecessary expenses upon the parties. This, I think is the
case here.
I give the tiffs the
benefit of not being legally represented aned and so thought best to bring this
application as a
consequence of the recusal of the judge dealing with their
case. On that basis I am prepared to treat the application as an
application
for further direction as consequence of the order of recusal.
I thee direct that the
Registrar of High Court list this case before another judge at a da a date to be
fixed. It is unnecessary
to make the other orders sought in the Summons and
I decline to make them. However, the costs of bringing this applications
must be paid by the plaintiffs.
Orders:
class="MsoNormal" style="margin-right: .2pt; margin-top: 1op: 1; margin-bottom: 1">
1. &nbbsp;&&nsp;;&nsp; &nsp;
The Regr traHigh Couh Court to list this case before another judge at a date
to be fixed.
2. p; & bsp; other orders sors sought in the sthe summons are refused.
&nt">
/p>
3. &nbbsp;&&bsp;;&bspp; bs
Costs occasioned by this application to be paid by the plaintiffs.
lass="Mso="MsoNormal" alignter" style="text-align: cen: center; margin-right: .2pt; margin-top: 1; margin-bottom: 1">
(GJB Muria)
CHIEF JUSTICE
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/sb/cases/SBHC/1998/16.html
