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Fiji Islands - Court of Appeal Digest 1991-2000 - Negligence |
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.
Abhay Kumar Shankar v. Housing Authority & Anr
NEGLIGENCE
House built on Housing Authority subdivision substantially consisting of power line reserve- action for negligence against Housing and Rural Authority -Subdivision of Land Act(Cap.140) – Electricity Act (Cap.180) - appeal allowed.
55/91
93/474
Ambika Nand v. Tevita Senico
NEGLIGENCE
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
Attorney General v Pacoil Fiji Ltd
NEGLIGENCE
Oil blending project- whether conduct amounted to a representation- estoppel and duty of care- appeal dismissed- cross appeal partly allowed.
14/96
96/476
The Attorney-General v. Josefa Matau & Ors
NEGLIGENCE
High Court’s finding that Appellant vicariously liable for negligence of First Respondent upheld.
47/99
00/324
Basant, Narend & Queensland Insurance Co. Ltd v Zaibun Nisha
NEGLIGENCE
Accident wholly attributable to 2nd Appellant’s negligence- appeal dismissed.
16/97
98/239
Ports Authority of Fiji v. SOFE Shipping Enterprises Ltd
NEGLIGENCE
Insufficiently deep berth causing damage to vessel- liability of Ports Authority- responsibility for providing and allocating berths- duty and knowledge of ships master- liability of Port Master- award of damages varied- appeal partly allowed.
46/98
00/173
PSC v Subarmani
NEGLIGENCE
Traffic accident - appeal against liability dismissed on the facts - serious eye injuries- quantum upheld- interest award varied.
47/93
95/182
Ratu Isei Turagakula v Helen Work
NEGLIGENCE
Motor vehicle accident- negligence causing death- degree of contribution varied- quantum of damages reduced.
46/95
96/278
Rothmans Pall Mall v. Edward Narayan
NEGLIGENCE
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
Summit Retreading Co. Ltd v. Courier Documents Parcel Services Ltd
NEGLIGENCE
Duty of care of common carrier- Indemnity Guarantee and Bailment Act Cap 232, ss 30,31- no error of law- appeal dismissed.
39/91
93/638
Sunil Chandra v. Ram Narain
NEGLIGENCE
Traffic accident - vicarious liability damages- need to distinguish separate causes of action- delay in delivering Judgment deplored.
51/96
97/500
The Attorney-General v. Jainendra Prasad
NEGLIGENCE
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
United Apparel Ltd v. Saville Heaton
NEGLIGENCE
Negligent statement inducing a contract- whether duty of care owed- in case of breach whether remedy in tort or in contract – appeal dismissed.
16/96
97/512
Williams & Gosling v Danzas
NEGLIGENCE
Cargo released in breach of airway bill conditions- contributory negligence - apportionment.
45/94
95/282
© Michael Dishington Scott 2000
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