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Tokalau v Registrar of Titles [2011] FJHC 524; HBC352.2009 (19 September 2011)

IN THE HIGH COURT OF FIJI AT SUVA
CIVIL JURISDICTION

CASE NUMBER: HBC 352 of 2009

BETWEEN:

SAINIVALATI TOKALAU, MAHMOOD BUKSH, RICHARD KWON AND ULAIASI GASAUTABUA
PLAINTIFFS

AND:

REGISTRAR OF TITLES
1ST DEFENDANT

AND:

REGISTRAR OF COMPANIES
2ND DEFENDANT

Appearances: Mr. W. Hiuare for the plaintiffs.
Ms. K. Vuibau for the defendants.
Date/Place of Judgment: Monday, 19th September, 2011 at Suva.
Judgment of: The Hon. Madam Justice Anjala Wati.

JUDGMENT

1. Through an originating summons the plaintiffs seek the orders that:-
   
   • (a) A declaration be made that the name and logo of Fiji Professional Golfers Association should retain with the plaintiffs and that the same be registered with the Registrar of Titles office.
     
   • (b) The parallel name, Professional Golfers Tour of (Fiji) Limited, registered under the Companies Act, and the Charitable Trusts Act be deregistered.
     
2. The case emanates from the decision of Justice Singh in Civil Action No. 170 of 2007 where his Lordship had ruled that:-
   

"FPGA has been in existence since 1977. It has its Constitution. The only way a person can become its official is at the Annual General Meeting. If the defendants feel in any way aggrieved then they should, if they already are not, become members of FPGA and contest the post of officials at the Annual General Meeting and not try to register parallel names causing confusion."

3. The defendants do not wish to comply with an order unless a binding order is made against it. The counsel for the defendants stated that the defendants were not parties to the proceedings in the first instance and thus the original order is not binding. The counsel further stated that it will comply with any order issued by this Court.
   
4. In order for his Lordships orders to be effective, the orders sought by the plaintiffs are necessary otherwise the parallel names of Fiji Professional Golfers Association registered under the Charitable Trusts Act on the 18th day of July, 2006 and the Professional Golfers Tour of (Fiji) Limited registered under the Companies Act on the 23rd day of May, 2006 will continue to be in existence and the defendants in the civil action number 170 of 2007 will gain undue advantage of the registration and will not comply with the orders of the Court.
   
5. The plaintiffs should have sought a mandatory order against the defendants in Civil Action 170 of 2007 for deregistration then. Be that as it may, I order that the parallel names in clause 4 of this judgment be deregistered and the plaintiffs be at liberty to register the name Fiji Professional Golfers Association.
   
6. There shall be no order as to costs.
   

Anjala Wati
Judge

19/09/2011

To:

1. Mr. W. Hiuare, counsel for the plaintiffs.
2. Mr. K. Vuibau, counsel for the defendants.
3. File: HBC 352 of 2009.