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Paradise Transport Ltd v Land Transport Authority [2015] FJLTAT 7; Appeal 9.2015 (20 March 2015)

In The Land Transport Appeals Tribunal
At Lautoka

Appeal # 9 of 2015

Between:

Paradise Transport Limited.
[Applicant]

And:

Land Transport Authority
[1st Respondent]

Kadar Buksh Limited
[2nd Respondent]

And:

Sunbeam Transport Limited
Valley Comfort Transport Limited
Khan Buses Ltd
Taunovo Bus Company Limited
Pacific Transport Limited
Sunset Express Limited
Interested Parties

Appearances/Representations:
For Appellant: Mr Vasu Pillay.
For LTA (1st Respondent): Ms Franisese Kinivuwai.
For Kadar Buksh Limited (2nd Respondent): Mr Nemani Vakacakau.
For Sunbeam Transport Limited: Mr Viren Kapadia.
Valley Comfort Transport Limited: No appearance
Khan Buses Ltd: Mr Naveed Khan.
Taunovo Bus Company Limited: Mr Filimoni Vosarogo
Pacific Transport Ltd: Mr Ramesh Prakash
Sunset Express Ltd: Mr Filimoni Vosarogo

Date of Hearing: 27th February 2015
Date of Decision: 20th March 2015

Ruling – Stay Application

Introduction

The Applicant in this matter had filed a Petition for Appeal, a Notice of Motion – Ex-parte, if necessary [to restrain the 2nd Respondent, Kadar Buksh Limited (KBL) until the determination of the appeal] together with an affidavit of Sultan Ali. These documents were filed with the Tribunal on 9th January 2015. The Tribunal directed that all parties be served and the matter be heard Inter-parte.

All the Parties have been properly served the notice of motion. None of the parties have filed any reply to the motion filed by the Applicant. This Tribunal notes that the Motion gave adequate notification to each party of the hearing date of the said matter.

This is the ruling following the hearing of the notice of motion seeking a stay of the decision of the Land Transport Authority to restrain the 2nd Respondent from operating an express bus service departing Suva and Lautoka at 5.30 am and 6.30pm respectively.

Brief History of the matter

The LTA through a letter dated 12th December 2014 dealing with an application by Kadar Buksh Limited (KBL) dated 2nd February 2011 approved subject to variation trips from Lautoka and Suva at 5.30 am and 6.30pm respectively. The application by KBL was for trips from Lautoka and Suva at 6.00am and 6.30pm respectively.