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Barnabas Heta Leo vs. Mas Solo Investment Ltd, Laut Kiing Ting, and Huong Yeu Kiong

Country/Territory
Solomon Islands
Type of court
National - higher court
Date
Jul 17, 2020
Source
UNEP, InforMEA
Court name
High Court
Judge
Justice Terence Higgins
Reference number
SBHC 50; HCSI-CC 179 of 2018
Abstract

The claimant sought damages against the defendants for illegally harvesting Tubi trees which are a protected species under the Forest Resources and Timber Utilisation (Protected Species) Regulation 2012.

The claimant’s contention was that they were entitled to damages for the unlawful harvest as well as the disposal of the product. The issue to be determined was whether the claimant was entitled to damages or whether the creation of criminal sanctions excluded the claimant’s right over the property (Tubi trees).

The court held that the Tubi trees were the property of the claimant, subject to the restriction on their disposal by the Act and Regulation. The Respondent had illegally harvested the Tubi trees and in doing so also committed the torts of trespass and conversion.  The Act and Regulations did not disentitle the claimants from claiming damages against the respondent for illegally harvesting their Tubi trees and they were entitled to damages to be assessed.  The court also stated that it would be different if the complainant was complicit in the illegal harvesting.

The Court held that a private litigant may seek relief for a breach of a statutory obligation if (i) the statute imposed a duty; (ii) the duty is breached; (iii) the statutory purpose includes protection of the right of the claimants; (iv) they have suffered damage; and (v) parliament intended that there should be a private right of action.  In this case the conditions were met. 

Damages to be assessed for the unlawful felling and removal of Tubi species from the claimant’s land.  Judgment ordered with cost.

 

Full text
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Website
www.paclii.org