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Attorney-General of Fiji v Pacoil Fiji Ltd; Pacoil Fiji Ltd v Attorney-General of Fiji [2000] FJCA 14; ABU0014.1999S; ABU0016.1999S (24 February 2000)

IN THE COURT OF APPEAL, FIJI ISLANDS

CIVIL APPEAL NO.ABU0014 OF 1999S
(High Court Civil Action No. HBC 496 of 1992S)

BETWEEN:

ATTORNEY GENERAL OF FIJI
MINISTER FOR JUSTICE
First Appellant

FIJI TRADE AND INVESTMENT BOARD
Second Appellant

AND:

PACOIL FIJI LIMITED
Respondent

CIVIL APPEAL NO. ABU0016 OF 1999S
(High Court Civil Action No.HBC 496 of 1992S)

BETWEEN:

PACOIL FIJI LIMITED
Appellant

AND:

ATTORNEY-GENERAL OF FIJI
MINISTER OF JUSTICE
First Respondent

FIJI TRADE AND INVESTMENT BOARD
Second Respondent

Coram: The Rt. Hon. Sir Maurice Casey, Presiding Judge
The Hon. Sir Mari Kapi, Justice of Appeal
The Hon. Mr Justice Gordon Ward, Justice of Appeal

Hearing: Wednesday, 23 February 2000, Suva

Counsel: Messrs. R. Smith and F. Hanif for the Attorney General and Fiji Trade and Investment Board
Mr. A. Singh for Pacoil Fiji Limited

Date of DecisionThursday, 24 February 2000

DECISION OF THE COURT

The abovenamed appellants seek leave to appeal to the Supreme Court against the decisions of this Court given on 29 November 1996 and 7 January 2000. We are satisfied that the questions raised are of significant public importance and certify accordingly in terms of s.122 (2) (a) of the Constitution.

Leave to appeal is granted.

Sir Maurice Casey
Presiding Judge

Sir Mari Kapi
Justice of Appeal

Justice Gordon Ward
Justice of Appeal

Solicitors:
Messrs. Munro Leys and Company, Suva for the Appellants
Messrs. G.P. Shankar and Company, Ba for the Respondent