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Nadi Town Council v Wati [2010] FJHC 346; HBC128.2008 (18 August 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 128 of 2008

BETWEEN:

NADI TOWN COUNCIL
a body corporate established and
created by Local Government Act.
Plaintiff

AND:

CHANDRA WATI
daughter of Ajodhiya Prasad of Martintar, Nadi, Domestic Duties
as the sole Executrix and Trustee of the Estate of Jagdish Chandra Gosai
father's name Ram Prasad late of Martintar, Nadi.
Defendant

Mr M A Sahu Khan for the Plaintiff
Mr V M Mishra for the Defendant

ORDER OF THE COURT:

The Plaintiff's application for adjournment is considered. I find that the affidavit verifying plaintiff's documents filed in this action (128/2008) is in fact the affidavit verifying documents of the plaintiff in case No 63 of 2005.

1. As such, I make orders that the plaintiff's affidavit verifying list of documents captioned under HBC 63 of 2005 by error filed in this case be removed and re-filed in the other case, HBC 63 of 2005 and I hereby direct the Court Clerk and Registry to do so after making the proper cross reference entries.
   
2. This court has further discovered that the "affidavit verifying defendant's supplementary list of documents" filed on 9 June 2009 carries by error action number to be 63 of 2005 in the last back page. This error is corrected by court and as such it can remain in this record.
   
3. Considering the applications for adjournment, as the counsel were not aware of the miss-filing until this court pointed out the same this morning. It would not be a reason for an adjournment.
   
4. However, the PTC has not been done by parties since the order of this court dated 5th February 2010, when PTC was directed to be done on 16th March 2010 at 11.00 am at the High Court Library and PTC minutes to be filed by 16th April 2010. Therefore, there is a default on the part of both parties in not attending to PTC and filing PTC minutes. In addition, the plaintiff has not filed the "affidavit verifying the plaintiff's list of documents". Therefore I make the following necessary orders:
   
   1. To file the affidavit verifying plaintiff's list of documents under caption HBC 63 of 2005 by error filed in this case back in to case No HBC 63 of 2005 and make the necessary cross entries, the said direction made to the Deputy Registrar;
      
   2. Supporting affidavits for defendant's list of documents filed on 9 June 2009 to remain in this file with the alteration made and initialed by court;
      
   3. The plaintiff and defendant to hold the PTC on the 27th of August 2010 being a date agreeable to both at 11.00 am at the defendant's solicitor's office as agreed by both plaintiff and defendant's counsel. PTC minutes to be filed by the 31st August 2010 as again agreed by both counsels.
      
   4. Parties agree to file the Agreed Bundle of Documents by 3rd September 2010. If the parties fail to file as aforesaid PTC minutes and the agreed bundle of documents, the pleadings or the claim of the defaulting party shall be liable to be struck out.
      
   5. Today's trial date is vacated on the plaintiff agreeing to pay cost of $1,200.00 to the defendant within 14 days and a wasted hearing fee of $112.50 to be paid to the Lautoka High Court Registry by the plaintiff within one week of today.
      

Mention on 6th September 2010 at 10.00am to review compliance with above orders and to fix for hearing or make suitable orders to strike out.

Sgd
Y I Fernando
JUDGE

At Lautoka
18 August 2010