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Fiji Islands - Court of Appeal Digest 1991-2000 - Words & Phrases |
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.
CIR v Commonwealth Development Corporation
WORDS & PHRASES
Liability of overseas corporation to tax on profits derived in Fiji - meaning of "permanent establishment” - meaning of "preparatory or auxiliary".
22/94
95/142
Gerald Barrack v Westpac
WORDS & PHRASES
Payment made by Bank before revocation of probate - whether made in good faith- onus not discharged by the Bank - meaning of "bona fide".
50/94
95/109
Ramesh Samji v CIR
WORDS & PHRASES
Whether Appellant "normally residing outside Fiji” - whether engaged in sale of land – whether to be deemed to have carried out business in Fiji- Income Tax Act (Cap.201), Section 11(e).
13/94
95/364
The State v. Sefanaia Bilovucu Tabua
WORDS & PHRASES
Abortion-appeal against acquittal after trial- ingredients of section 172 of the Penal Code (Cap.17) how far mental and physical consequences of continuation of pregnancy relevant- meaning of "unlawfully"-not limited to preservation of life- appeal dismissed.
6/91
92/312
Tomasi Kubunavanua v The State
WORDS & PHRASES
Abuse of office - Penal Code (Cap.17) section 111 - whether an ingredient of offence prejudice to other police officers' rights - meaning of expression -appeal dismissed.
8B/92
93/38
Westpac Banking Corporation v Fiji Forest Sawmilling Ltd
WORDS & PHRASES
Whether mortgagee entitled to retain surplus from sale of mortgaged property and proceeds of a fire policy for application in payment of legal costs incurred in defending an action brought against it by the mortgagor- Property Law Act (Cap 130) Sections 68, 72(1), 81. "due and owing" means "presently due and owing"
45/96
98/405
© Michael Dishington Scott 2000
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