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Fiji Islands - Court of Appeal Digest 1991-2000 - Damages |
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. Tevita Senico
DAMAGES
Traffic accident - both drivers equally at fault- innocent passenger entitled to full award of damages- appeal dismissed - cross appeal allowed – damages varied.
25/96
97/237
Anitra Kumar Singh v. Rentokil Laboratories Ltd
DAMAGES
Traffic accident -personal injury -hip, forearm, ankle, pelvis and jaw-whether satisfactory evidence of loss of earning capacity-wholly erroneous assessment by High Court-award of $25000 increased to $60000.
73/91
93/213
Attorney-General v Paul Praveen Sharma
DAMAGES
Application for stay pending appeal dismissed - appellants default in complying with orders of the Court condemned.
41/93
94/282
Attorney-General v Paul Praveen Sharma
DAMAGES
Quantum - below knee amputation - appropriate multiplier - appropriate rate of interest on special damages - general damages award proper - award in foreign currency - appeal allowed in part.
41/93
94/351
Attorney-General v. Pacoil Fiji Ltd
DAMAGES
Breach of duty of care- principles of assessment- interest- whether commercial rate payable- awards of specific and general damages varied on the facts- appeal substantially allowed.
14/99
00/1
Dominion Insurance Ltd v Sea Island Paper & Stationery Ltd
DAMAGES
Where the insurer extends time for payment of a premium the validity of the policy is not affected by non payment at the time of the risk- validity of renewal certificate- whether insurer entitled unilaterally to vary contract of insurance- whether average clause a term of the contract- interest on judgment sum- method of determining- award varied.
8/97
98/187
FSC v Subarmani
DAMAGES
Traffic accident - appeal against liability dismissed on the facts - serious eye injuries - quantum upheld - interest award varied.
47/93
95/182
Hari Pratap v The Attorney-General
DAMAGES
Law Reform (Miscellaneous Provisions) (Death and Interest) Act(Cap.27) - quantum of damages following death -discussion of appropriate multiplier and multiplicand-loss of expectation of life -conventional sum to be awarded-how calculated-appeal allowed.
14/92
93/276
Iowane Salaitoga v Anderson
DAMAGES
Traffic accident - general damages for serious multiple injuries - serious complications following initial medical treatment - permanent whole body impairment - total award of $215,000 upheld.
26/94
95/306
John Edward Byrne v J.S. Hill & Associate Ltd
DAMAGES
Building contract - no permit obtained prior to work being carried out - law unwittingly broken- in circumstances bargain not nullified - proper rate of interest post judgment is 4% - Judgements Act 1838 (England) applied.
33/93
94/385
Jovesa Rokobutabutako v. Lusiana Rokodovu
DAMAGES
Permanent paraplegia- 26 year old woman- review of local precedents- general damages reduced- awards of interest varied.
88/98
00/68
Kanta Mani v Western Mining Corporation (Fiji) Ltd
DAMAGES
Death at work -observations on paucity of evidence produced -observations on appropriate multiplier -relevance of FNPF payment to damages - Fiji National Provident Fund (Amendment) Act 29/86, sections 35&43- whether part of deceased's estate- Compensation to Relatives Act (Cap.29)sections 6&11- appeal allowed.
72/91
93/529
Lautoka City Council v. Anare Robinson
DAMAGES
Appeal against award of damages for personal injuries dismissed - rate of interest varied.
18/96
97/244
Loganandan Pillay v Subhash Chand & The New India Assurance Co. Ltd
DAMAGES
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
Lucky Eddies Ltd v. Shazran Lateef
DAMAGES
Assault-personal injuries-whether aggravated or exemplary damages appropriate-whether must be specifically pleaded-judgment reserved.
59/92
93/316
Maikeli Savou v Heather Wolosyn
DAMAGES
Motor vehicle accident- death resulting- degree of contribution varied- appeal against quantum of damages dismissed.
54/95
96/239
Marika Lawanisavi v. Pesamino Kapieni
DAMAGES
Traffic accident- moderate personal injuries- quantum of damages- relevance of overseas awards- award by High Court reduced.
49/98
99/296
Punja & Sons Ltd v. Apisai Malani
DAMAGES
Traffic accident- personal injuries- loss of employment opportunity- damages as assessed not disproportionate or unreasonable- appeal dismissed.
83/98
99/473
Ram Padarath Bros Ltd v. Attorney-General
DAMAGES
Chief Registrar returning passport to absconding debtor in error - appeal against award of $50 damages dismissed.
13/92
94/275
Ratu Isei Turagakula v Helen Work
DAMAGES
Motor vehicle accident- negligence causing death- degree of contribution varied- quantum of damages reduced.
46/95
96/278
Ratu Viliame Fokimoana Dreunamisimisi v David Nag Ratnam
DAMAGES
Award for loss of earning for lost years - Law Reform (Misc. Prns)(Death & Interest) Act (Cap.27) compared with Compensation to Relatives Act (Cap.29) - appeal dismissed.
66/92
94/268
Rothmans Pall Mall v. Edward Narayan
DAMAGES
Finding that driver acted in course of his employment upheld – award of special damages for personal injuries upheld – award for nursing attendance set aside - award of interest from date of injury to date of trial.
65/95
97/77
Sunil Chandra v. Ram Narain
DAMAGES
Traffic accident - vicarious liability damages- need to distinguish separate causes of action- delay in delivering Judgment deplored.
51/96
97/500
Suresh Charan v Suva City Council
DAMAGES
Quantum of damages following wrongful seizure and sale of goods - discussion of general and exemplary damages -appeal dismissed.
52/94
96/77
Suresh Sushil Chandra Charan v Suva City Council
DAMAGES
Appeal against amount of general damages dismissed - award of exemplary damages varied.
30/94
94/227
Tacirua Transport v Virend Chand
DAMAGES
Claims for special damages and interest must be specifically pleaded - appeal against quantum for moderate injuries dismissed.
33/94
95/67
The Attorney-General v Charles Valentine
DAMAGES
Principles governing awards of interest discussed-appropriate rate-Law Reform (Mis. Prov.) (Death & Interest) Act Cap 27- appeal dismissed
19/98
98/386
The Attorney-General v. Jainendra Prasad
DAMAGES
Traffic accident- personal injuries- whether plaintiff guilty of contributory negligence- appeal against award of general damages dismissed- award of interest varied to run from date of issuance of writ rather than date of accident.
1/98
99/225
The Attorney-General v Tevita Tabua Waqabaca
DAMAGES
Injuries of maximum severity- medical negligence-quantum of damages- date from which interest to run- appeal dismissed.
18/98
98/464
© Michael Dishington Scott 2000
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