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Campus Group Holdings Pty Ltd v Telecom Fiji Ltd [2000] FJCA 29; ABU0060.2000S (14 November 2000)

IN THE COURT OF APPEAL, FIJI ISLANDS
ON APPEAL FROM THE HIGH COURT OF FIJI

CIVIL APPEAL NO.ABU0060 OF 2000S
(High Court Civil Action No.HBC 6 of 2000S)

BETWEEN:

CAMPUS GROUP HOLDINGS PTY LIMITED
Appellant

AND:

TELECOMM FIJI LIMITED
Respondent

In Chambers: The Hon. Sir Mari Kapi, Justice of Appeal

Hearing: Tuesday, 14 November 2000, Suva

Counsel: Mr. K. Bulewa for the Appellant
Mr. I. Fa for the Respondent

Date of Decision: Tuesday, 14 November 2000

DECISION

The only explanation for the delay by the applicant - negotiation to settle - I find that the respondents position was clear as far back as April that they would, not settle unless full purchase price was paid on settlement. When the offer was clarified beyond doubt the applicant did not make application for extension. The applicant has not satisfactory explained delay.

As to the merits, the applicant simply relies on the argument that there are important questions. This does not go for enough to demonstrate an arguable case.

I dismiss the application.

Costs of this application to the respondent.

Sir Mari Kapi (Sgd)
Justice of Appeal

Solicitors:
Messrs. K. R. Bulewa and Associates, Suva for the Appellant
Messrs. I. Fa and Company, Suva for the Respondent