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Khan v The Chief Registrar [2025] FJCA 180; ABU103.2025 (10 December 2025)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]

CIVIL APPEAL NO. ABU 103 of 2025
[In the Suva ILSC No. 002 of 2022]

BETWEEN:
NATASHA KHAN of Suite 5, Popular Building, Lautoka
Appellant

AND:
THE CHIEF REGISTRAR of Level 3, Government Buildings, Suva.
Respondent

Coram: Prematilaka, RJA

Counsel: Mr. E. Kumar for the Appellant
Ms. L. A. Malani for the Respondent

Date of Hearing: 01 December 2025
Date of Ruling: 10 December 2025

RULING IN CHAMBERS

[1] The appellant has on 26 September 2025 timely appealed the Decision of the Commissioner of the Independent Legal Services Commission (ILSC)^[1] finding the appellant guilty of Professional Misconduct pursuant to section 82(1)(a) of the Legal Practitioners Act 2009 and Rule 3.7 of the Rules of Professional Conduct and Practice and of Unsatisfactory Professional Conduct pursuant to section 81 of the Legal Practitioners Act 2009 and Rule 8.1(1)(b) of the Rules of Professional Conduct and Practice. Written mitigation was directed to be filed by the legal practitioner by 30 September 2025.
[2] On 06 October 2025, the appellant’s solicitors has filed summons seeking a stay of proceeding including any sentence hearing pending the hearing of the appeal. The summons was supported on 16 October 2025 but the respondent opposed any interim stay. The court declined to issue any interim stay of sentencing by the Commissioner pending hearing of the summons. Directives were given for both parties to file affidavit-in-opposition, affidavit-in-reply, written submissions and reply submissions. The matter was directed to be mentioned on 01 December 2025.

[3] In the meantime, the Commissioner has sanctioned the appellant on 05 November 2025^[2].

[4] When the matter was mentioned on 01 December 2025, the counsel for the appellant moved to withdraw the summons filed on 06 October 2025 subjecto costs in the cause. The counsel for the respondent agreed.

Orders of the Court:

[1] The summons/application by the appellant to withdraw summons filed on 06 October 2025 is allowed.

[2] Summons filed on 06 October 2025 is accordingly struck off/dismissed.

[3] Costs in the cause.

Hon. Mr. Justice C. Prematilaka
RESIDENT JUSTICE OF APPEAL

Solicitors:
Samuel Ram Lawyers for the Appellant
Legal Practitioners Unit for the Respondent

^[1] Chief Registrar v Khan [2025] FJILSC 4 (15 September 2025)
^[2] Chief Registrar v Khan [2025] FJILSC 13 (5 November 2025)