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Wilson v Housing Authority [2005] FJHC 266; HBC0412.2004 (28 February 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO.: HBC0412 OF 2004

BETWEEN:

NIKO JOHN WILSON
Plaintiff

AND:

HOUSING AUTHORITY
First Defendant

CHIEF EXECUTIVE OFFICER, Mr. Alipate Naiorosui
Second Defendant

REGISTRAR OF TITLES, Mr. M. Lochan
Third Defendant

Date of Hearing: 28th February, 2005

TRIAL MINUTE

This matter came on for hearing before me. It was the defendant’s application under Order 18 to strike out the summons filed by the plaintiff.

The plaintiff occupied property that he had mortgaged to the defendant Housing Authority. He fell in arrears of his mortgage and the Housing Authority sought to sell the property.

The difficulty for the plaintiff is that the matter was the subject of an earlier ruling by Scott J. on a caveat lodged against the Housing Authority’s powers of mortgagee sale.

Scott J. resolved the issue of the caveat and by implication the issue of a mortgagee sale.

However, it transpired during the course of hearing that there was no reply to the plaintiff’s affidavit in response. In that affidavit the plaintiff deposed that the Housing Authority had never served him with a mortgagee sale notice. As this matter was the subject of a recent ruling of mine I adjourned the matter part-heard to enable the Housing Authority to search its records so as to ascertain the true position.

I granted them general leave to respond on the clear understanding that if they can’t find any notice that was served on the plaintiff owner of the land then they will first have to serve him notice before proceeding. In that way the entire proceedings might be resolved without the need for a decision or further resumption of hearing and accordingly I am making this minute for the record.

Gerard Winter
JUDGE

At Suva
28th February, 2005