Solomon Islands - Index of Solomon Islands Law Reports

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

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

Gusav. 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

Appeal (See also Practice and Procedure)
	bail on, principles for grant		177
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
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
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
Family Law
	child, custody of		223
Fisheries
	offence in relation to, proof of		78
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
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
Judicial Review of Administrative Action (See Constitutional Law)
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
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)
"ordinarily residing" meaning of			34
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
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)
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