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Fiji Islands - Court of Appeal Digest 1991-2000 - Appeal |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Ambika Nand v. M. S. Sahu Khan
APPEAL
Acceptance of a Judgment debt does not preclude an appeal against the Judgment by the acceptor - Ambika Nand v. Brij Mohan (90/121) not followed - appeal dismissed.
66/95
97/324
Amrit Prasad v. Trade Supplies Ltd
APPEAL
Application for stay of execution pending appeal refused.
62/00
00/310
Antonio Teraki v. The State
APPEAL
An appeal against conviction in the Magistrates’ Court may not be raised for the first time in the Fiji Court of Appeal.
15/93
93/658
ANZ Banking Group v. David McIntyre Campbell
APPEAL
No appeal lies against the dismissal of an application for summary Judgment which grants unconditional leave to defend.
60/95
97/442
Attorney-General v. Pacoil Fiji Ltd
APPEAL
The Fiji Court of Appeal has no power to grant a motion for leave to appeal to the Supreme Court out of time - refusal of stay of proceedings affirmed.
14/96
97/131
Attorney-General v. Pacoil Fiji Ltd.
APPEAL
Leave to appeal to the Supreme Court granted.
14/99
00/106
Attorney General v Paul P. Sharma
APPEAL
Application for leave to appeal out of time - principles governing - onus on applicant - application refused.
41/93
95/100
Australia & New Zealand Banking Group Ltd v Merchant Bank of Fiji
APPEAL
Consideration of principles governing fresh evidence an appeal - whether asset purchase agreement a hire purchase agreement - whether created mortgage or charge - relevance of definition of owner in Traffic Act (Cap.176) – observations on current state of the law – Bills of Sale Act (Cap.225).
11/94
94/577
Ba Meat Company v Ibrahim
APPEAL
Application to set aside Receiving Order refused- order interlocutory-no leave to appeal sought- appeal dismissed.
10/91
92/274
Bryan Charles Ferrier-Watson & Ors v. Sultan Mohammed
APPEAL
Application for stay pending appeal to the Supreme Court granted.
8/91
93/628
Bubble Up Investments & Basheer Ahmad Shah v Carlton Brewery Fiji Ltd
APPEAL
Civil contempt- leave to appeal granted - applications for stay, bail and release of passport dismissed.
29/98
98/497
David J. Singh v. The Commissioner of Police
APPEAL
Application for leave to appeal to the Supreme Court- Police- discipline- Police Act Tribunals- matters relating to the internal administration of the Police Force do not raise matters of significant public importance- leave refused.
46/99
99/215
Dominion Insurance Ltd v Chiman Lal Jamandas
APPEAL
Application for extension of time to appeal dismissed on the grounds of inordinate and excessive delay.
61/98
98/502
Edmund March v. Bank of Hawaii
APPEAL
Application for leave to appeal out of time refused.
25/00
00/292
Fanuza Ltd v. Melvyn Bloom
APPEAL
Leave to appeal out of time granted subject to conditions.
41/99
00/46
FDB v. Manilal Industries
APPEAL
Application for leave to appeal- whether order final or interlocutory- leave refused.
5/99
99/196
FEA v Pravin Prakash Palani
APPEAL
Application for leave to appeal against grant of leave to seek J.R.- whether grant an interlocutory order-no compelling grounds advanced-application dismissed.
8/95
95/1
Fiji Posts & Telecom Ltd v Pratap Singh
APPEAL
High Court proceedings for Judicial Review stayed by single JA to allow application to be made to the full Court under proviso to Section 20 of Fiji Court of Appeal Act (Cap.12).
43/93
94/132
Fiji Public Service Association v. The Registrar of Trade Unions & Ors
APPEAL
Application for leave to appeal to the Supreme Court dismissed- no matter of great general or public importance raised.
32/90
93/630
Fiji Sugar Corporation Ltd. v Labour Officer
APPEAL
Application for leave to appeal to the Supreme Court - whether Supreme Court Decree 1991 criteria satisfied- Workmens’ Compensation Act S.5(1)- whether injury occurred ‘in the course of employment’- leave to appeal refused- need to comply with Rule 5(2) emphasised.
20/95
96/323
Flour Mills of Fiji Ltd v. Punja & Sons Ltd
APPEAL
Passing off- application for interim injunction pending appeal against dissolution of similar injunction- whether serious question to be tried on appeal- where balance of convenience lies- application dismissed- Court of Appeal Act (Cap 12) Section 20 (f).
26/99
99/443
Fred Wehrenberg v The State
APPEAL
Sections 111, 114(1), 115(1) of the Constitution- extent of right of appeal in absence of conviction- Court of Appeal Act Cap 12- Section 3(2)(a)- observations on need for impartiality in the prosecution process.
16/96
96/134
Grahame Bruce Southwick v. The State
APPEAL
Bail pending trial - whether High Court has jurisdiction to entertain appeal against grant by a Magistrates’ Court - whether Court of Appeal has jurisdiction to hear appeal against the decision by the High Court – whether such a decision final - appeal allowed.
29/96
97/34
Helmut Paul Kaspar Rattan v The State
APPEAL
Extradition Act -(Cap.23)section 10 -application for habeas corpus-appeal against refusal by High Court -whether FCA has jurisdiction to hear – whether habeas corpus proceedings civil or criminal in nature-Court of Appeal Act (Cap.12) sections 12,21 & 22-appeal dismissed.
1/92
93/226
Ist Deo Maharaj v BP (SS) Ltd
APPEAL
Application for leave to appeal out of time - principles applicable - application dismissed.
51/94
95/343
Jiuta Vuaka v. The State
APPEAL
Frivolous appeal against conviction and sentence summarily dismissed.
5/00
00/145
Jope Nalequa Uqeuqe v Housing Authority of Fiji
APPEAL
Applications for leave to appeal, extension of time, stay and injunction dismissed on grounds of unexplained delay, prejudice to the respondent and lack of prospects of successful appeal.
42/98
98/415
Julie Doyle v. Phyllis Latour Doyle
APPEAL
Leave to appeal to the Supreme Court granted.
1 /97
3/97
00/121
Julie Doyle v. Phyllis Doyle
APPEAL
Application for stay of Judgment of Fiji Court of Appeal pending appeal to the Supreme Court.
1/97
00/314
Kelton Investments v CAF & Motibhai
APPEAL
Interlocutory orders - principles governing appeals against - leave refused.
34/95
95/218
Kepueli Jitoko v. PS for Education
APPEAL
NTR
71/97
99/301
K.R. Latchan Bros Ltd v. Transport Control Board
APPEAL
Interlocutory orders of the High Court will be upheld unless plainly wrong - leave to appeal refused.
12/94
94/306
Lauzik Mukesh Chand v. The State
APPEAL
An order of discharge without conviction is not a sentence but it is an order within the provisions of the C.P.C. Section 308 and is therefore subject to appeal.
13/98
99/63
Loganandan Pillay v Subhash Chand & The New India Assurance Co. Ltd
APPEAL
Application to admit fresh evidence on appeal - principles applicable- third party policy of insurance- whether owner of goods travelling with them indemnified- damages for personal injuries- appeal allowed- award reduced.
64/96
98/370
Maika Soqonaivi v. The State
APPEAL
Application for leave to appeal to the Supreme Court confined to the way the legal requirements of corroboration were put to the assessors in the High Court refused.
8/97
99/58
Maxwell John Reynolds v Bank of Hawaii
APPEAL
Application for leave to appeal bound to fail - application refused.
37/98
98/476
Maya Wati v Umesh Prasad
APPEAL
Failure to comply with Rule 17 of FCA Rules - bordering on contempt - appeal dismissed.
9/94
95/275
Mediterranean Island Resort Ltd v. Alessandro Bianco
APPEAL
Questions involving interpretation of SS 10 (1) and 20 (2) of the Exchange Control Act do not raise matters of significant public importance - leave to appeal to Supreme Court refused.
61/97
99/164
National Bank of Fiji v. Gregory Lawlor
APPEAL
Application for leave to appeal out of time refused.
61/00
00/306
Parmod Chandra v. The State
APPEAL
Application for leave to appeal out of time summarily dismissed.
9/00
00/147
Paul Michael Emberson v The State
APPEAL
Court of Appeal Act (Cap. 12) S.22(1) – new trial cannot be ordered after a trial is declared void ab initio- appeal partly allowed.
2/96
96/336
Peter William Bott v Ian Gilbert Burness
APPEAL
Applications for leave to appeal and for stay proceeding appeal dismissed following failure to comply with Rule 26(3) of the FCA Rules.
2/94
94/13
Ram Padarath Bros Ltd. v. Attorney-General
APPEAL
Application by Attorney-General for leave to file cross appeal out of time- whether allowable by the Court of Appeal Rules- relationship between cross appeal and respondent's notice- rules 16 and 19- application allowed in the circumstances.
13/92
93/690
Ram Swamy v. Padma Wati
APPEAL
A single Justice of Appeal does not have power to grant leave to appeal to the Supreme Court and an application for a stay pending appeal should also be made to the Full Court.
70/95
97/94
Ram Swamy v. Padma Wati
APPEAL
Application for leave to appeal to the Supreme Court from an appeal dismissed on the facts refused – stay pending application for leave to the Supreme Court granted.
70/95
97/250
Ramesh Patel v. The State
APPEAL
Electable Offences Decree 1988; Section 4 - appeal against Chief Magistrates refusal to commit for trial in the High Court – whether High Court has jurisdiction - proceedings in Magistrates’ Court stayed- the Court of Appeal has no jurisdiction to entertain an appeal against such a stay - application dismissed.
17/96
97/51
Ramesh Patel v. The State
APPEAL
Whether appeals from Magistrates’ Courts lie before the final determination of the case- rights of prosecution to appeal bail decisions in the Magistrates’ Courts- relationship between Electable Offences Decree 1988 Section 4 and CPC Section 20 considered – appeals against stay orders dismissed.
17/96 & 1/97
97/288
Ratu Ovini Bokini v. The State
APPEAL
Jurisdiction of High Court to hear interlocutory appeals from the Magistrates’ Court- only serious appeals to be entertained- general supervisory role of High Court- test for presumed bias- summary power of punishing for contempt to be used sparingly- appeals dismissed.
123/99
99/388
Ratu Ovini Bokini v. The State
APPEAL
In an appeal against the order of a judicial officer there is no precedent for allowing the officer to be joined as a party- aliter in Judicial Review proceedings.
123/99
99/401
Registration Officer for the Suva City Fijian Urban Constituency v James Michael Ah Koy
APPEAL
Application for stay pending appeal to the Supreme Court dismissed - no coercive Order to stay.
23/92
94/1
Sakatar Singh v Westpac
APPEAL
Appeal against refusal by HC to get aside Judgment in default of Defence - finding that serious defence raised - default Judgement set aside on terms.
22/95
95/354
Shailendra Singh v Veer Bhadra
APPEAL
Power of single JA to grant stay pending appeal - conditional stay granted.
34/94
95/201
Sitiveni Rabuka v. Dreunamisimisi
APPEAL
Application for leave to appeal to the Supreme Court dismissed on the merits.
11/97
97/475
Sivinia Koroi v The State
APPEAL
Application for leave to appeal against conviction and sentence out of time – principles applicable- leave granted - 6 years imprisonment for robbery with violence reduced to 4.
8A/92
94/319
Sukh Deo Prasad v. Attorney-General
APPEAL
It is only against a Judgment or order that an appeal lies, not mere statements contained in the Judgment or order.
29/97
97/319
Summit Retreading Co. Ltd v. Courier Documents Parcels Service Ltd
APPEAL
Whether reasonable care taken of goods stolen- Indemnity Guarantee and Bailment Act (Cap 232) sections 30,31 & 40-application for leave to call further evidence-Court of Appeal Rules (Cap.12) rule 22 (2)-conditions which applicant must satisfy- application refused.
39/91
93/159
Surendra Prakash v Rangitikei
APPEAL
NTR
36/93
95/79
Suresh Charan v National Insurance Co. Ltd
APPEAL
Leave to appeal against order setting aside judgment in default of defence granted.
67/98
98/520
Suresh Charan v. The Housing Authority
APPEAL
The power of an appellate Court to review its own decision will not be exercised for the purpose of re-agitating arguments already considered by the Court- questions of law which are merely of importance to the parties are not of significant public importance within the meaning of Section 122(a) of the 1997 Constitution.
15/97
99/101
SSC Charan v Shah & Ors
APPEAL
Absent misapprehension as to facts or law the FCA will not set aside its judgments.
29/94
95/130
The New India Assurance Co. Ltd v. Footwear Manufacturers Ltd
APPEAL
Refusal of unconditional leave to defend- whether refusal final or interlocutory- principles applicable- leave granted.
62/98
99/235
The New India Assurance Co. Ltd v. Rajesh Kumar Singh
APPEAL
Leave to appeal to the Supreme Court refused.
31/96
00/122
Turtle Airways Ltd v Kerry Frances Thomas
APPEAL
Application for leave to appeal to Supreme Court- Supreme Court Decree 1991 Section 8 (1)(c) - importance of complying with Supreme Court Rules 1992 Rule 5(2) - grounds of appeal insufficiently particular - no questions or issues raised of great general or public importance – leave to appeal refused.
50/92
94/70
Turtle Airways v Owen Clive Potter
APPEAL
See 50/92
49/92
94/69
Turtle Airways v Potter
APPEAL
Application for stay of High Court proceedings pending application for special leave to appeal to the Supreme Court refused.
49/92 & 50/92
95/5
Vilikesa Dobui v. The State
APPEAL
Right of appeal to High Court following equivocal plea of guilty in Magistrates’ Court- whether available- whether revisional powers of High Court exerciseable- CPC SS. 309(1), 325(5).
2/99
99/313
Vinod Chandra v. K.K.’s Hardware Ltd
APPEAL
Leave granted to appeal against order requiring deposit of passport.
11/00
00/237
Vinod Patel & Co. Ltd v. Yatendra Prasad
APPEAL
High Court Judgment dismissing appeal from the Magistrates’ Court on the facts and failing to address the law upheld but brevity of Judgment criticised.
26B/98
00/241
Waisake Tuimereke & Apenisa Ralulu v The State
APPEAL
Robbery with violence- appeals against conviction- when fresh evidence admissible on appeal- previous inconsistent statement- whether directions appropriate- identification evidence- whether satisfactory- appeal against conviction dismissed- appeal against 5 years imprisonment dismissed.
11/97
98/333
Yusuf Mohammed v Lachman Singh
APPEAL
Failure to comply with Rules and Orders of the High Court - application for variation of order dismissed.
25/90
95/174
© Michael Dishington Scott 2000
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