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Ma'ta Holdings Ltd v Fiji Development Bank [2004] FJHC 313; HBC0410.2004 (1 October 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO.: HBC0410 OF 2004

BETWEEN:

MA’TA HOLDINGS LIMITED
Plaintiff

AND:

FIJI DEVELOPMENT BANK
First Defendant

NBF ASSET MANAGEMENT BANK
Second Defendant

Counsel: Mr. R. Matebalavu – for Plaintiff
Mr. D. Sharma – for 1st Defendant
Ms. R. Lal – for 2nd Defendant

Date of Judgment: 1st October, 2004

JUDGMENT

The plaintiff bought a completely unmeritorious application seeking injunctive relief to restrain the defendant bank from exercising its powers of sale over property generally described as contained in Crown Lease 11651 having an address of 58 Domain Road, Suva.

For obvious reasons I do not need to review the facts of the matter. So far as to say that it was poorly pleaded and supported with insufficient factual material to motivate the Court to contemplate the issuing of an order.

At the conclusion of the hearing this was patently obvious and accordingly with the greatest of respect to senior counsel I allowed him the courtesy of taking instructions concerning whether or not the application should be withdrawn. He responsibly took the attitude of obtaining further instructions and confirmed after a short adjournment that the plaintiff then sought leave to withdraw the application at the 11th hour.

I was minded to grant that application and I do so. The plaintiff’s application is withdrawn.

There then remained the issue of costs. The first defendant has been put to considerable expense in the matter and seeks costs of $750.00. The second defendant had to meet the costs of appearances and seeks costs of $250.00. The plaintiff chooses to leave the matter for the discretion of the Court.

I find that the first defendant has been put to the expense of preparing a full defence. I award costs for the first defendant in the sum of $600.00 and to the second defendant the sum of $200.00. I order those costs be paid within 14 days. In default of payment these sums will bear simple interest at 11% per annum until payment in full.

The substantive matter is stayed pending payment of those costs. After payment of the costs the matter may proceed if the plaintiff chooses and take its ordinary cause through the Registry.

Gerard Winter
JUDGE

At Suva
1st October, 2004