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Milikada v Barora [2017] SBHC 45; HCSI-CC 588 of 2015 (17 May 2017)

IN THE HIGH COURT OF SOLOMON ISLANDS


(Faukona, PJ)


Civil Case No. 588 of 2015


BETWEEN: SILAS MILIKADA First Claimant
(Representing the Landowners
of Porepore, Hirihove and Matiu
Islands)


AND: JP ENTERPRISES LIMITED Second Claimant


AND: OCEANIA TRADING COMPANY Third Claimant


AND: REYNALD BARORA Defendant
(Representing himself and the members of
the Gae Tribe)


Date of Hearing: 9th March 2017


Ruling: 17th May 2017


Mr D.Marahare for Claimant (1) and (2)
Mr L. Kwana for the Defendant


RULING ON APPLICATION FOR COSTS


Faukona, PJ: The Defendant in this case seeks costs after the Claimants had formally filed notice for discontinuance of the cause of action against the Defendant on 8th March 2017.


2.
Both Counsels had agreed to file written submissions on the issue; and that had been done accordingly.


3.
Pursuant to R 9.67 the Claimant may discontinue his or her claim at any time for any reason. In this case the Claimants rely on that provision and hence filed a notice of discontinuance of their case.


4.
Following filing of the notice of discontinuance, the only issue left is costs. The Defendants claim costs for being urged to engage in the proceeding. Rule 9.70 (c) provided costs. The Defendant had calculated his costs based on schedule 3 part 3 (1) of the Civil Procedure Rules 2007, which is $3,000.00.


5.
It would seem Mr Marahara agrees to award of costs but guided by the exercise of discretion provided by the Civil Court Rules . Mr Marahare further argues that any costs awarded should only be limited to the preparation and filing of the response.


6.
I agree with Mr Marahare’s contention, however, I decline to award costs on indemnity basis. .


7.
In an attempt to assess costs, I take into account the Defendants costs necessary for the proper conduct of the proceeding. That is preparation, filing and service of the response and attending of two motion days.


8.
The response took up one page typing and the rest are filing, servicing and attendance on two motion days. According to schedule 3 part 3 I exercise discretion that the appropriate fee is $800.00 for preparation. I do not agree with $3,000.00 costs as claim by the Defendant.



Orders:



1.
Award costs to the Defendant after discontinuance of proceedings at $800.00.









The Court.

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