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Fiji Islands - Court of Appeal Digest 1991-2000 - Judicial Review |
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.
Anuradha Charan v. Public Service Commission
JUDICIAL REVIEW
Public Service Commission Decree 1988- promotions and appointments- suitable qualifications attract no right of appointment -need to follow proper procedures- status of administrative circulars- how far Commission bound by its own circulars- scope for oral examination in Judicial Review- observations on need for J.R. procedure to be controlled by the Court.
2/92
93/661
Dharam Lingam Reddy v Viliame & Anr
JUDICIAL REVIEW
Judicial Review from decision of Central Agricultural Tribunal-long delay between granting of leave and hearing-RHC 053 r(4) has no application to post leave delay-appeal allowed.
19/92
93/64
DPP v. Livai Matatulu
JUDICIAL REVIEW
Nolle prosequi entered by DPP in private prosecution- only subject to judicial review in exceptional circumstances- whether false statements in an affidavit may lead to a conviction for perjury.
45/98
99/67
Fiji Airline Pilots Association v The PS for Labour & Industrial Relations
JUDICIAL REVIEW
Log of claims- whether a collective agreement permitted the employer to submit its own log of claims or cross claim- whether unsettled items of the company's claim could amount to a trade dispute- matters to be considered at grant of leave stage of application for J.R. - need to avoid embarking on full hearing of the merits.
59/97
98/93
Fiji Public Assn. v Registrar of Trade Unions & P&T Employers Assn.
JUDICIAL REVIEW
Registrar of Trade Unions – competing applications for registration - need to give reasons for decisions- Trade Unions Act (Cap.96) Sections 8, 11 and 13(1)(c).
7/93
94/63
Fiji Public Service Association v. The Registrar of Trade Unions
JUDICIAL REVIEW
Registration of Trade Union-appeal against High Court's refusal to issue prerogative writ- Trade Union Act (Cap 96) sections 3,9,11 and 13(1)- discussion of registrars discretion and procedures to be followed by him-failure to call for further information vitiated his decision- appeal allowed- order for certiorari.
32/90
92/439
FPSA & Anr v. Fiji Air Traffic Control Association
JUDICIAL REVIEW
Registration of Union- appeal against upholding of Registrar's decision-whether Registrar functus officio- Trade Unions Act (Cap. 96) sections 13, 2 & 16(1) - whether Registrar had power to register dissolved Trade Union - appeal allowed.
51/91
93/268
Harikissun Ltd v Dip Singh
JUDICIAL REVIEW
O.53, r.3- delay in applying for leave and moving for judicial review - principles applicable- extent of applicability of English authorities- appeal dismissed.
19/95
96/365
Janardhan Gounder v Dennis Allan McElrath
JUDICIAL REVIEW
Agricultural Tribunal- contracts of tenancy- reassessment of rent- notice requirements- whether error of law within jurisdiction reviewable- powers of tribunal discussed- appeal allowed- order of CAT set aside.
20/97
98/547
Joseph Nainima v. The Attorney-General
JUDICIAL REVIEW
No proper opportunity to be heard or given a right of reply is afforded to a person who is not fully informed of the allegations against him- appeal allowed.
70/97
00/380
Kepueli Jitoko v. PS for Education
JUDICIAL REVIEW
Teacher dismissed from the Public Service notwithstanding criminal conviction quashed on appeal- whether acquitted- whether disciplinary proceedings in breach of rule against double jeopardy- whether breach of rules of natural justice- appeal dismissed.
71/97
99/185
Lakshmi Prasad v. Gyan Prakash
JUDICIAL REVIEW
Application for leave to appeal against High Court’s refusal of leave judicially to review a decision of the Central Agricultural Tribunal dismissed.
40/96
97/376
Manunivavalagi Dalituicama Korovulavula v Public Service Commission
JUDICIAL REVIEW
Termination of appointment by PSC and by the Ministry - whether termination of appointments made under State prerogative reviewable by the Courts - whether contract law applicable - PSC's decision to exercise rights not made in accord with purposes of statute for the public good- declaration granted.
6/94
94/415
Mario Nagales Padua v Public Service Commission
JUDICIAL REVIEW
Application for leave to appeal against refusal by High Court of leave to move for J.R.- contract of service with PSC- no public law issue raised- application dismissed.
32/97
98/143
Mario Nagales Padua v. PSC
JUDICIAL REVIEW
Dismissal of medical practitioner- principles governing- appeal against High Court’s refusal to grant leave to move for judicial review of dismissal allowed on ground that appellant had arguable case.
32/97
99/137
Mark Lawrence Mutch v. The State
JUDICIAL REVIEW
Appeal against dismissal by High Court of judicial review of order of committal by Magistrates’ Court- High Court proceedings criminal in nature accordingly no right of appeal to the Court of Appeal.
25/98
99/354
Minister of Finance & Economic
JUDICIAL REVIEW
Importation of "half cut" motor cars - Customs Planning v Western Wreckers Ltd Act (Cap.186) section 64 - Customs (Prohibited Imports & Exports) Regulations 1986 - validity of detention notice -whether 1990 amendment to Regulations legislative or executive - no requirement for consultation before legislation - no doctrine of legitimate expectation in relation to legislative activity - appeal allowed.
63/91
93/421
Mo Xing Bo v Immigration Officer
JUDICIAL REVIEW
Seizure of Fiji passport - failure to renounce citizenship of birth - effect of Constitution (1990), Section 18(2) - appeal against refusal of JR dismissed.
13/95
95/241
Nivis Motor and Machinery Co. Ltd v Minister for Lands & Mineral Resources
JUDICIAL REVIEW
Leave to more for judicial review refused in the High Court- lack of evidence to counter matters raised by applicant- no discovery given by respondent- arguable case- shortcomings of present procedure discussed- availability of alternative remedy- compulsory acquisition of land- Constitution 1990 Ss 9 (1) (c), 6 (3)- appeal allowed.
17/98
98/483
Olimiva Cagica v Public Service Commission
JUDICIAL REVIEW
Application for leave to appeal against refusal by High Court of leave to move for J.R.- contract of service with PSC- no public law issue raised- application dismissed.
43/97
98/150
Pacific Transport v. Mohammed Jalil Khan
JUDICIAL REVIEW
Procedural fairness - concept of legitimate expectation explained- duty and desirability of Tribunals giving reasons for decisions – appeal dismissed.
21/96
97/3
Pacific Transport Ltd v Sunbeam Transport Ltd
JUDICIAL REVIEW
Traffic Act (Cap.176) - appeal against refusal of High Court to grant Judicial Review of a decision of the Transport Control Board dismissed on the facts.
67/92
94/139
Pacific Transport Ltd v. Sunbeam Transport Ltd
JUDICIAL REVIEW
Transport Control Board- allegation of bias- effect of acquiescence in matters complained of on right to obtain judicial review- whether breach of rules of natural justice renders a decision void or merely voidable - appeal dismissed.
39/93
93/647
Praveen Prakash Palani v. FEA
JUDICIAL REVIEW
Judicial Review does not lie in master and servant cases where the only issue is a private law obligation and whether or not the employer is a statutory body.
28/96
97/271
PSC v. Epeli Lagiloa
JUDICIAL REVIEW
Public Service Commission (Constitution) Regulations 1990 - Regulation 41 - the Regulations are subject to the rules of natural justice – the law requires the PSC to afford a respondent an opportunity to be heard before determining guilt or sentence- order for reinstatement set aside - appeal partly allowed.
38/96
97/578
Public Service Commission v Anil Prakash Karan
JUDICIAL REVIEW
Unauthorized leave by civil servant – deemed resignation and reappointment - appeal and cross appeal dismissed.
33/89
93/84
Ram Prasad v. The Attorney-General
JUDICIAL REVIEW
Alleged wrongful dismissal- civil servant- whether there was a contractual relationship between the parties- whether proceedings may be commenced by writ or whether judicial review the only remedy- appeal dismissed.
58/97
99/343
Ratu Nacanieli Nava v Native Land Commission
JUDICIAL REVIEW
Decisions of the Native Land Commission concerning customary law are not reviewable by the Courts - Constitution 100(4).
55/93
94/490
Richard K. Naidu v. The Attorney-General
JUDICIAL REVIEW
Fiji Television- ministerial direction- leave refused by the High Court- question of public importance- relevance to application for declaratory relief although issue between parties no longer outstanding- appeal allowed leave granted.
39/98
99/331
Sat Narayan Pal v. PSC
JUDICIAL REVIEW
Disciplinary proceedings- objection to composition of tribunal to be raised at commencement of proceedings- right to be heard before penalty imposed- appeal allowed.
72/98
00/396
Sherina Begum Khan v. PSC & Ors
JUDICIAL REVIEW
Inconsistent findings of guilt unreasonable- no opportunity to make representations as to penalty- disciplinary proceedings remitted to PSC for reconsideration.
3/98
00/208
Shore Buses Ltd v Minister of Labour
JUDICIAL REVIEW
Dismissal of proceedings for want of prosecution- principles governing- prejudice & Industrial Relations to the public interest in good administration- appeal dismissed.
55/95
96/420
Sokoveti Tuimoala v. The PS for Education & Anr.
JUDICIAL REVIEW
Disciplinary proceedings leading to dismissal- no opportunity given to make representations either as to guilt or as to penalty- clear breach of obligation to proceed fairly- appeal allowed- matter remitted to PSC for reconsideration.
82/98
00/223
SSC Charan v Shah & Ors
JUDICIAL REVIEW
Whether refusal of leave to apply for J.R. interlocutory or final - "application" and “order” approach compared-application refused on the facts.
29/94
95/84
Sunbeam Transport v Pacific Transport
JUDICIAL REVIEW
Buses - Transport Control Board - when Board may revoke its decisions - whether rules of natural justice breached - need for particularity of allegation of breach- effect of delay on application.
44/93
95/246
Sunbeam Transport Ltd v Transport Control Board
JUDICIAL REVIEW
Buses-refusal of road service licence-Traffic Act (Cap.176) sections 70,71,72,73 & 74- meaning of "new service"-meaning of "public interest"-whether written application for temporary service need be made- whether Board can act of its own volition-whether temporary licences validly issued-principles correctly applied in the High Court-no order on the appeal (majority decision).
24/91
93/379
The Commissioner of Police v David Jaswant Singh
JUDICIAL REVIEW
Dismissal from the Police Force- whether tribunal properly appointed- whether Police Regulations observed- rules of natural justice-status of Forces Standing Orders- Police Act (Cap 85) Sections 7, 8, 17- Police Regulations r. 13 (iv) – appeal allowed.
46/96
98/391
The Comptroller of Customs v. Uttam Lal Dullabh
JUDICIAL REVIEW
Customs Agents and Clerks Examinations- whether Comptroller has power to disregard examination results- whether decision to disregard unfair and unreasonable- appeal allowed.
11/99
00/23
Tropical Food Products Manufacturing (Fiji) Ltd v Minister for Labour, Ind. Relations & Information
JUDICIAL REVIEW
Manufacturing Industry Wages Order - Wages Councils Act (Cap.98) - whether order made without sufficient prior consultation - requirements for strict adherence to procedural technicalities - principles of good administration - appeal against refusal of JR dismissed.
5/94
94/438
Vatuwaqa Transport Co. Ltd v Transport Control Board
JUDICIAL REVIEW
Single Justice of Appeal has no jurisdiction to grant leave to seek Judicial Review following refusal of grant by the High Court – alternative application for leave to appeal dismissed after failure to comply with Rule 26(3) of the FCA Rules.
16/93
94/18
Western Wreckers Ltd v. Comptroller of Customs & Excise
JUDICIAL REVIEW
No Judicial Review available when applicant realises that decision complained of was a mere mistake.
65/90
92/160
© Michael Dishington Scott 2000
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