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Kotobalavu v Anthony [2005] FJHC 390; HBC0163D.2005S (28 November 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0163D OF 2005S

BETWEEN:

SOLOMONE SILA KOTOBALAVU
of 47 Varani Street, Suva, Chief Executive Officer.
PLAINTIFF

AND:

FELIX ANTHONY
of Suva, Senator.
DEFENDANT

Counsel for the Plaintiff/Respondent:

M. Scott ) Legal Division, Fiji
J. Mainavolau ) Island Revenue &

) Customs Authority.

Counsel for the Defendant/Applicant: Ms R. Naidu: Sherani & Co.

Date of Hearing & Judgment: 28 November, 2005

EX TEMPORE DECISION

I am satisfied that the actions of the Plaintiff upon which the Writ is based were acts done in his official capacity as Chief Executive Officer of the Fiji Islands Revenue and Customs Authority (FIRCA). As such the Plaintiff has the right or at least the expectation to have the organisation represent him or meet the costs of his legal representation in these proceedings. The appropriateness of the Legal Division of FIRCA representing the Plaintiff or have the matter briefed out, is something that perhaps FIRCA may wish to reconsider.

In any case, I do not believe it is proper for the Court to be asked whether the legal representation of a party before it should be changed. In the first place, FIRCA’s has very much an interest and its own reputation to protect in the present proceedings. There are issues that raises that question of the organisation’s own standard of office conduct, that makes them very much an interested party in the proceedings. Secondly, generally speaking, the appropriateness or otherwise of legal representation of someone before the Court is governed by certain code of conducts and the professional standard of the Bar, and in the end, the judgment of Counsel and the legal office (s) involved.

The Defendant’s Summons is dismissed.

Costs in the cause.

F. Jitoko
JUDGE

At Suva
28 November, 2005