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Wilkinson v Permanent Secretary for Health [2022] FJHC 680; HBC237.2016 (26 October 2022)

IN THE HIGH COURT OF FIJI

AT LAUTOKA

CIVIL JURISDICTION

HBC 237 OF 2016

BETWEEN:

KITIONE WAQA WILKINSON
PLAINTIFF

A N D:

THE PERMANENT SECRETARY FOR HEALTH

1^ST DEFENDANT

A N D:

THE ATTORNEY GENERAL OF FIJI

2^ND DEFENDANT

Appearances: Mr. Maisamoa K. for the Plaintiff
Mr. Mainavolau J. for the Defendants
Date of Hearing: 03 August 2022
Date of Ruling: 26 October 2022

R U L I N G

1. Before me is a Summons for Stay of Execution of Order Pending Appeal filed by the office of the Attorney-General on 11 February 2022.
   
2. The Orders which the A-G’s Office wishes to stay were made by Mr. Justice M.H Ajmeer on 07 December 2020. The Orders in question were:
   
   • (a) Costs - $ 3,000 - 00
   • (b) General Damages - $ 25,000 - 00
   • (c) Loss of Earnings - $132,600 - 00
   • (d) Exemplary Damages - $ 10,000 - 00
   • (e) Special Damages - $ 660 - 00

TOTAL - $171,260 - 00

3. The above orders were made following a three-day split trial in June 2020 in a medical negligence case filed by Viliame Tiko in his capacity as beneficiary interested in the estate of his late infant son, Kitione Waqa Wilkinson.
   
4. On 13 April 2015, Tiko took his infant son to Ba Health Centre for medical attention and examination due to an injury caused by a small piece of stick which had pierced the infant under the tongue on 12 April 2015.
   
5. At the hospital, the infant was seen by a nurse, was given some medicine – and then was sent back home.
   
6. At home, the infant’s condition became worse overnight. On the morning of 15 April 2015, Tiko took his infant son again to Ba Health Centre where he was seen by the same staff nurse who had seen him on 13 April 2015. The staff nurse then referred the infant to a medical doctor who – following an x-ray – referred the infant to Lautoka Hospital for surgery.
   
7. Following surgery at Lautoka Hospital, the infant later developed complications. He died later as a result of these.
   
8. I will not repeat here the principles of stay pending appeal. These are set out succinctly in Stephen Patrick Ward v Yogesh Chandra CBV 10 of 2010, 20^th April 2011 per Gates CJ; Natural Waters of Viti Limited v Crystal Clear Mineral Water (Fiji) Ltd , ABU 11 of 2004, 18 March 2005 per Calanchini J and Emosi Silikiwai v The Attorney-General FJCA Civil Appeal No. 0074/16.
   
9. I have perused the grounds of appeal and I am satisfied – after hearing submissions from counsel – and the issues raised - that I should grant stay.
   
10. Parties to bear their own costs.
    

Anare Tuilevuka

JUDGE

Lautoka

26 October 2022