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Nasese Bus Company Pte Ltd v Gurbachan Singh's Steel Mills Ltd [2025] FJCA 81; ABU104.2024 (3 June 2025)

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

CIVIL APPEAL NO. ABU 104 of 2024
[In the High Court at Suva Case No. HBC 164 of 2023]

BETWEEN:
NASESE BUS COMPANY PTE LIMITED
a limited liability company having its registered office at Lot 8 Carpenters Street, Raiwaqa, Suva, Fiji.
Defendant-Appellant

AND:
GURBACHAN SINGH’S STEEL MILLS LTD
a limited liability company having its registered office at Lot 1 Kaua Road, Laucala Beach Estate, Fiji.
01^st Plaintiff - Respondent

SINGH STEEL ROLLING MILLS PTE LIMITED
a limited liability company having its registered office at Lot 1 Kaua Road, Laucala Beach Estate, Fiji.
2^nd Plaintiff- Respondent

Coram: Prematilaka, RJA

Counsel: Ms. M. Baleloa for the Appellant
Ms. K. Maharaj for the Respondents

Date of Notice of
Discontinuance: 29 April 2025

Date of Ruling: 03 June 2025

RULING IN CHAMBER

[1] This is an appeal against the judgment of High Court delivered on 28 November 2024^[1] which made the following orders:

‘FINAL ORDERS;

1. Plaintiffs are granted access to Defendant’s premises situated at Crown Lease 9650 for removal of 1000 KVA transformer and other equipment such as 11KV SD Unit, 11KV CFC Switchgear, 11KV Cables and Indoor termination Kits (stated in paragraph 11 of affidavit in support)
   
2. Defendant by its agents or otherwise forthwith release the Assets including the above mentioned Transformer and other equipment’s to Plaintiffs and or its representatives.
   

100. Defendant is preventing from interfering with removal of all the ‘Assets’ stated in paragraph 13, including Transfer and its equipment’s.
     

4. Plaintiff to be assisted with Police protection for the execution of this orders during reasonable time of working days.
   
5. Cost of this action is summarily assessed at $1500.’
   

[2] The security for cost of $3,000.00 have been paid on 07 March 2025. The record was forwarded to me by the Court of Appeal Registry on 09 May 2025 for a decision along with the notice of discontinuance filed by the appellant’s solicitors and signed by the solicitors for the 01^st and 02^nd respondents who seek no costs.

[3] As per the notice of discontinuance, I make the following orders:

Orders of the Court:

1. Appeal is dismissed in terms of section 20(1)(h) of the Court of Appeal Act.
2. The Chief Registrar is directed to refund $3,000.00 paid by the appellant as security for cost to:
   

Account Name: Haniff Tuitoga Trust Account

Account No: 8552771

Bank: Bank of the South Pacific (BSP)

Narration: Gurbachan/Nasese – 104/2024

3. No order as to cost.
   

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

Solicitors:
Haniff Tuitoga Lawyers for the Appellant
Capital Legal Lawyers for the Respondents

^[1] Gurbachan Singh's Steel Mills Ltd v Nasese Bus Company Pte Ltd [2024] FJHC 701; HBC164.2023 (28 November 2024)