Home | Databases | WorldLII | Search | Feedback Court of Appeal of Fiji

  Download original PDF

Fiji Bus Operators Association v Fijian Competition and Consumer Commission [2025] FJCA 25; ABU009.2021 (3 March 2025)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]

CIVIL APPEAL NO. ABU 009 of 2021
[In the High Court at Suva Miscellaneous Action No. HBM 65 of 2020]

BETWEEN:
FIJI BUS OPERATORS ASSOCIATION an unincorporated association having its offices at 116 Tavakubu Road, Lautoka.
Appellant

AND:
FIJIAN COMPETITION AND CONSUMER COMMISSION a body corporate constituted pursuant to the Fijian Competition & Consumer Commission Act 2010 and having its head office at 42 Gorrie Street, Suva.
1^st Respondent

AND:
THE ATTORNEY GENERAL OF FIJI
2^nd Respondent

Coram: Prematilaka, RJA

Counsel: Mr. V. Singh for the Appellant

Ms. N. Nandini for the 01^st Respondent

Mr. W. Mucunabitu for the 02^nd Respondent

Date of Mention: 10 February 2025

Date of Ruling: 03 March 2025

RULING IN CHAMBERS

[1] When the above appeal was mentioned on 10 February 2025, the counsel appearing for the parties informed court that the terms of settlement would be filed in court along with the notice of discontinuance on or before 14 February 2025. Accordingly, the notice of discontinuance dated 14 February 2025 and a copy of the Settlement Agreement and Release dated 18 December 2024 signed by all three parties had been filed in the Court of Appeal Registry on 18 February 2025 which were forwarded to me for a formal order on 20 February 2025.

Orders of the Court:

1. The application by the appellant to discontinue the appeal is allowed.
2. Appeal is accordingly dismissed in terms of section 20(1)(h) of the Court of Appeal Act, subject to the Settlement Agreement and Release dated 18 December 2024.
3. No order as to cost.
   

Hon. Mr. Justice C. Prematilaka
RESIDENT JUSTICE OF APPEAL

Solicitors:
Parshotam Lawyers for the Appellant
R. Patel Lawyers for the 1^st Respondent
AG’s Office for the 2^nd Respondent