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National Bank of Fiji Ltd v Padarath [2004] FJHC 390; HBC0006.2003L (17 March 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0006 OF 2003L

BETWEEN:

NATIONAL BANK OF FIJI LIMITED
trading as COLONIAL NATIONAL BANK
a limited liability company having its registered office at Suva
in the Republic of Fiji Islands
Plaintiff

AND:

PRAVIN PADARATH
Defendant

Counsel for the Plaintiff: Mr. K. Kumar
Counsel for the Defendant: Mr. Haroon A. Shah for Mr G.P. Shankar

Date of Hearing & Judgment: 17 March 2004

EXTEMPORE JUDGMENT

This matter comes before the court by way of a Summons to strike out the defence and for summary judgment filed on 23 October 2003 by the plaintiff. In support of the plaintiff’s application, there has been filed an affidavit of Tom Ricketts sworn on 7 October 2003.

The application is opposed by the defendant who has filed an affidavit in reply sworn on 18 November 2003. Lest there be any doubt, the proceedings seek to strike out a statement of defence dated 21 February 2003 and it is that document alone with which I deal all be it, the defendant has purported, without leave, to file a subsequent amended document. That document is not the subject of these proceedings.

The history of the matter is set forth in the affidavit of Tom Ricketts and I don’t propose to recite it here. It is suffice to say that the plaintiff advanced various amounts of money to the defendant and ultimately entered into an agreement which agreement would have necessitated the plaintiff paying monies to the ANZ bank. This agreement was not fulfilled, as the debt to the ANZ bank was much higher than indicated.

The defendant in his affidavit makes admissions sufficient to satisfy the plaintiff’s claim and to facilitate judgment being entered upon the defence being struck out. I think it is unnecessary for me to consider the authorities to which I have been referred in the light of the admissions made by the defendant in his affidavit and in the defence, the subject of the proceedings.

In the circumstances, I make orders in accordance with the summons filed on 23 October 2003, that is Orders (i), (ii), (iii) and with respect to Order (iv) I assess the costs in the sum of Seven Hundred and Fifty Dollars ($750.00).

JOHN CONNORS
JUDGE

AT LAUTOKA
17 MARCH 2004