Fiji Islands - Court of Appeal Digest 1991-2000

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Fiji Islands - Court of Appeal Digest 1991-2000 - Evidence Civil

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Fiji Islands - Court of Appeal Digest 1991-2000 - Evidence Civil

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.

Peter Sujendra Sundar v Chandrika Prasad

EVIDENCE: CIVIL

Where a ground of appeal against a final judgment is that the judge erred in making an interlocutory order with the result that the trial miscarried a separate appeal against the interlocutory order is not needed- evidence on commission- desirability of taking- amendment of pleadings- principles involved- appeal allowed.

22/97

98/175

Australia & New Zealand Banking Group Ltd v Merchant Bank of Fiji

EVIDENCE: CIVIL

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

Chandrakant Bhukan v. Dhiraj Lal Bhukan

EVIDENCE: CIVIL

Appeal against award of damages for personal injuries-trial judge took into account facts and matters known to him personally by reason only of his own medical experience-appeal allowed-matter remitted for rehearing.

66/90

92/326

Loganandan Pillay v Subhash Chand & The New India Assurance Co. Ltd

EVIDENCE: CIVIL

Application to admit fresh evidence on appeal-principles applicable- third party policy of insurance- whether owner of goods travelling with them identified- damages for personal injuries- appeal allowed- award reduced.

64/96

98/370

© Michael Dishington Scott 2000

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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.

Peter Sujendra Sundar v Chandrika Prasad	EVIDENCE: CIVIL	Where a ground of appeal against a final judgment is that the judge erred in making an interlocutory order with the result that the trial miscarried a separate appeal against the interlocutory order is not needed- evidence on commission- desirability of taking- amendment of pleadings- principles involved- appeal allowed.	22/97	98/175

Australia & New Zealand Banking Group Ltd v Merchant Bank of Fiji	EVIDENCE: CIVIL	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

Chandrakant Bhukan v. Dhiraj Lal Bhukan	EVIDENCE: CIVIL	Appeal against award of damages for personal injuries-trial judge took into account facts and matters known to him personally by reason only of his own medical experience-appeal allowed-matter remitted for rehearing.	66/90	92/326

Loganandan Pillay v Subhash Chand & The New India Assurance Co. Ltd	EVIDENCE: CIVIL	Application to admit fresh evidence on appeal-principles applicable- third party policy of insurance- whether owner of goods travelling with them identified- damages for personal injuries- appeal allowed- award reduced.	64/96	98/370