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Fiji Sugar and General Workers Union v Coral Sun Ltd - ruling on stay application 2 [2004] FJHC 368; HBC0019.2004L (11 February 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0019 OF 2004L

BETWEEN:

FIJI SUGAR AND GENERAL WORKERS UNION
Plaintiff

AND:

CORAL SUN LIMITED
a limited liability company having its registered office at 3 Industrial Road, Nadi
Defendant

Counsel for the Plaintiff: Mr. Kitione Vuataki
Counsel for the Defendant: Mr. G.P. Shankar

Date of Hearing & Judgment: 11 February 2004

FURTHER EXTEMPORE RULING
WITH RESPECT TO STAY APPLICATION

My attention having been drawn to the provision of Section 12(2)(f)(ii) of the Court of Appeal Act which in effect states that leave is not required to appeal against interlocutory injunctive orders.

In light of that, I vacate the ruling previously made with respect to the Stay Application. I have heard further submissions from counsel for the defendant with respect to the granting of a Stay and that the order that Orders (2) and (3) of the Orders made today seek to enforce is unlawful.

Counsel for the plaintiff points out the Order of the Minister is indeed lawful at this point in time as there is no Order setting it aside or determining it to be other than a lawful order of the Minister of State.

I am of the view that as the Orders sought to be stayed, apart from an Order for costs, do no more than enforce the law that it is not appropriate for a stay of those Orders to be granted.

Order

Application for stay is refused.

JOHN CONNORS

JUDGE

AT LAUTOKA
11 FEBRUARY 2004