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Fiji National Provident Fund v Vivrass Holdings Ltd [2003] FJHC 332; HBC0325R.2002S (12 December 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

ACTION NO. HBC0325R OF 2002S

BETWEEN:

THE FIJI NATIONAL PROVIDENT FUND
a Statutory Body duly constituted under the Fiji
National Provident Fund Act of Provident Plaza,
Ellery Street, Suva.
PLAINTIFF

AND:

VIVRASS HOLDINGS LIMITED
a limited liability Company having its registered office at
suite 13, 2nd Floor, Vivrass Shopping Plaza,
Laucala Beach Estate.
1ST DEFENDANT

AND:

REGISTRAR OF TITLES OFFICE
of Suva.
2ND DEFENDANT

Counsel for the Plaintiff: G.P. Lala, G.P. Lala & Associates
Counsel for the 1st Defendant: R. Singh, Patel, Sharma & Associates

Date of Ruling: 12th December, 2003
Time of Ruling: 9.30 a.m.

RULING

I have carefully considered the 1st Defendant’s application for leave to appeal my ruling of 22 September 2003, and the grounds advanced in its support.

I do not believe that I have not exercised the Court’s discretion properly in declining the application for joinder by the 1st Defendant under O.15.

In the circumstances leave is denied.

As originally ordered we shall proceed with the hearing of the Plaintiff’s Originating Summons. The 21 days given to the 1st Defendant to file its submission begins as from today with the Plaintiff’s reply if necessary 7 days thereafter.

The matter is adjourned before the Deputy Registrar for fixing of a hearing date early in the new year.

There will be a stay in the proceedings only if the Defendants’ application for leave to appeal is filed with the Fiji Court of Appeal Registry within 14 days from today.

Costs in the sum of $250.00 is awarded against the 1st Defendant.

F. Jitoko
JUDGE

At Suva
12 December 2003