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Fiji Islands - Court of Appeal Digest 1991-2000 - Courts

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Fiji Islands - Court of Appeal Digest 1991-2000 - Courts

 

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.

 

 

 

 

 

Fong Sun Developments Ltd v Minson Fiji Ltd.

COURTS

Court of Appeal Act (Cap 12) S.12(2)(f) creates concurrent jurisdiction with High Court – payment out pending application for leave to appeal- repayment ordered.

41/96

96/405

 

 

 

 

 

Kaylesh Chandra v The State

COURTS

Application for bail pending trial in High Court - powers of FCA to grant bail  - whether power to entertain appeal against refusal by High Court to grant bail pending trial - relevance of Section 115 of the Constitution - application dismissed for want of jurisdiction.

15/94

94/459

 

 

 

 

 

Mahendra P. Chaudhary v. Attorney-General

COURTS

Contempt of Court- contempt at common law- scandalising the court- whether reasonably justifiable in a democratic society- Constitution 1997 Section 13 (2) (b).

9/98

99/170

 

 

 

 

 

Michael Desmond Benefield v Fiji Law Society

COURTS

The power to admit a legal practitioner is conferred on the Chief Justice as a designated person and not qua Judge of the High Court accordingly the Court of Appeal has  no jurisdiction to hear an appeal against a refusal to admit.

56/97

98/530

 

 

 

 

 

Shamsher Ali v The State

COURTS

Court of Appeal Act (Cap 12) Section 22(1)- whether a single judge has jurisdiction to grant leave to appeal against a second appeal against severity of sentence - appeal dismissed.

16/96

96/532

 

 

 

 

 

Suresh Sushil Chandra Charan v. Suva City Council

COURTS

Absent the "slip rule" the Fiji Court of Appeal has no power to vary a final judgment already delivered.

43/90

93/623

 

 © Michael Dishington Scott 2000


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