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Coral Sun Ltd v Permanent Secretary for Labour, Industrial Relations & Productivity [2004] FJHC 15; HBJ0003R.2002S (17 May 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

JUDICIAL REVIEW NO. HBJ 003R OF 2002S

BETWEEN:

CORAL SUN LIMITED
APPLICANT

AND:

PERMANENT SECRETARY FOR LABOUR,
INDUSTRIAL RELATIONS & PRODUCTIVITY
1ST RESPONDENT

AND:

MINISTER FOR LABOUR, INDUSTRIAL
RELATIONS AND PRODUCTIVITY
2ND RESPONDENT

AND:

FIJI SUGAR & GENERAL WORKER’S UNION
INTERESTED PARTY

STATE:
PERMANENT SECRETARY FOR LABOUR,
INDUSTRIAL RELATIONS, PRODUCTIVITY &
MINISTER FOR LABOUR, INDUSTRIAL RELATIONS
AND PRODUCTIVITY
APPLICANT

AND:

EX-PARTE:

CORAL SUN LIMITED
DEFENDANT

Counsel for the Applicant: Mrs S. Devan: G.P. Lala & Assoc.
Counsel for the 1st and 2nd: Ms K. Vuibau: Legal Service, Ministry of Labour, Industrial Relations and Productivity, Defendants
Counsel for the Interested Party: K. Vuataki: Messrs Vijay Naidu & Assoc.

Date of Ruling: 17 May, 2004
Time of Ruling: 12.30 p.m.

EX-TEMPORE RULING

I am satisfied, after perusing the affidavits filed by the parties and the submissions from the Counsel, that the Applicant has sufficiently shown a prima facie and arguable case.

There are the questions raised on whether the Permanent Secretary of Labour had correctly directed himself on the relevant issues to be taken into consideration in making decisions under section 3 of the Trade Union (Recognition) Act (Cap 96A) as well as the issue of jurisdiction generally. Further, there is the issue of the exercise of discretion and in that regard, whether the Permanent Secretary for Labour and the Minister had properly exercised their discretions and taken relevant matters into account, before making their decisions which the applicant now attempts to have them reviewed. I am satisfied that the delay was not totally due to the Applicant.

Under these circumstances, leave is granted.

Cost in the cause.

F. Jitoko
JUDGE

At Suva
17 May 2004