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Kumar v Ba Provincial Holdings Company Ltd [2012] FJHC 1493; HBC395.2008 (14 February 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC 395 of 2008

BETWEEN:

SASHI KAMAL KUMAR (f/n Prem Kumar)
of Lot 33, Gagali Place, Nakasi, Nasinu, Market Vendor.
PLAINTIFF

AND:

BA PROVINCIAL HOLDINGS COMPANY LIMITED
a limited liability company having its registered office at Level 2, Rogorogoivuda House, Tavewa Avenue, Lautoka.
1st DEFENDANT

AND :

ISIMELI SAVUTINI BOSE

of Qalitu Village, Vitogo, Lautoka, Farmer.

2nd DEFENDANT

BEFORE : Master Deepthi Amaratunga

COUNSEL : Mr. Daniel Singh for the Plaintiff
Ms. Prem Narayan for the Defendants

SUPPLEMENTARY DECISION

1. Since the delivery of my decision on 14th December, 2011 in this matter it has come to my attention that here has been mathematical miscalculation in the amount of damages awarded as regards to the time period of interest and the rate of interest. At the hearing both parties agreed on the rate of interest and the time period so the error is purely confined to the mathematical calculation of the damages awarded by the court.
   
2. Both parties were informed of this fact and they were heard on this matter upon the request and they have agreed on the amount as stated in the letter of 3rd February, 2010 written by the solicitor of the Defendant. In open court the Plaintiff's solicitor consented to the said amounts on 3rd February, 2012.
   
3. In this action the rate of interest and the duration were all agreed between the parties at the hearing and contained as agreed facts in the pre trial conference minutes.
   
4. In Harrison v Harrison, Willian v Richardson and Ropner v Ropner [1955] 1 Ch 260 English Court of Appeal held that order pronounce by judge, whether in open Court or in chambers, can always be withdrawn, altered or modified by him either on his own initiative or on the application of a party until such time as the order has been drawn up, passed and entered.
   
5. So as to the amounts stated in my judgment on assessment of damages in this case should be read as follows
   
   1. General Damages.
      

Past pain and suffering $30,000.00

Interest on past pain and suffering from 10 November 2008 to

14 December 2011 being 1129 days at the rate of 6% per annum $ 5,567.67

Future pain and suffering $15,000.00

2. Special Damages
   

Past economic loss $ 1,200.00

Interest on past economic loss from 9 November 2005 to 10

November 2008 being 1097 days at the rate of 3% per annum $ 108.19

Special damages $ 675.00

Interest on special damages from 9 November 2005 to 10 November

2008 being 1097 days at the rate of 6% per annum $ 60.89

100. Costs $ 2,000.00
     

Total payable $54,611.72

Dated at Suva this 14th day of February, 2012.

.................................................
Mr. Deepthi Amaratunga
Master of the High Court
Suva