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Williams & Goslings Ltd v Neptune Shipping Agency Ltd - 28 March [2007] FJHC 7; HBC090.2007 (28 March 2007)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL ACTION NO. 90 OF 2007

NO. 40 OF 2007

BETWEEN

WILLIAMS & GOSLINGS LTD.
Plaintiff

AND

NEPTUNE SHIPPING AGENCY LTD.
Defendant

Appearances: Vijay Naidu & Associates for plaintiff
Mr. Anu Patel for Jamnadas & Associates for the defendant

Date of hearing: 28 March 2007
Date of judgment: 28 March 2007

Ex-tempore Judgment

This case was called this morning for inter-parte hearing of the plaintiffs motion for injunction restraining the defendant from proceeding with winding up proceedings over a disputed debt. Learned counsel for the defendant, on instructions, has submitted that the defendant will not contest the application and will now file an action/claim in respect of the disputed debt. The plaintiff, in the circumstances seeks a permanent stay with reasonable costs. The substantive claim for damages is being abandoned. That being the case, there is no justifiable reason why these proceedings should remain afoot. The main prayer in the substantive action is for a permanent injunction. That relief is now uncontested. In the circumstances, I grant the following final orders:

(i) I grant an injunction restraining the defendant from proceeding further with the winding up proceedings pursuant to the notice dated 2 March 2007 and from instituting further winding up proceedings in respect of the disputed debt, subject of these proceedings, until a Court of law has pronounced judgment in respect of that debt.

(ii) the plaintiff is to have reasonable costs of these proceedings which I assess in the sum of $500.00. Costs are awarded to the plaintiff given that these proceedings were necessitated by the defendant purporting to use the winding up process when it was clearly not entitled to do so.

Gwen Phillips
JUDGE

At Lautoka
28 March 2007