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BA Provincial Holdings Company Ltd v BA Provincial Council [2006] FJHC 61; HBC237.2006 (10 August 2006)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. 237 OF 2006

BETWEEN

BA PROVINCIAL HOLDINGS COMPANY LTD.
1st Plaintiff

ISIMELI BOSE, RATU APISAI NAEVO, RATU MELI SAUKURU, RATU VILIAME RATUVOU, RATU JOSAIA DAUCIA, RATU TEVITA LEWARAVU, LUKE RATUVUKI, ISIKELI MULASE, SIVANIOLO WAQA NAULAGO, PAULIASI NAIVALU, SIMI LEIWERE, ASESELA SADOLE
2nd Plaintiffs

AND

BA PROVINCIAL COUNCIL
1st Defendant

AND

RATU TEVITA MOMOEDONU, RATU WILIAME BOUWALU, PONIPATE LESAVUA, SIVANIOLO WAQA NAULAGO, AISAKE SIMISI SAUKAWA, JOSAIA DRISO, SAIMONI NAIVALU
2nd Defendants

Appearances: Messrs Law Naivalu for the plaintiffs

Hearing: 10 August 2006
Decision: 10 August 2006

EXTEMPORE JUDGMENT
[On ex-parte notice of motion]

[1] Before me is an ex-parte Notice of Motion for injuctive relief – seeking not less than twelve restraining orders against the defendants. It is trite law that ex-parte applications for injunctive relief are for cases of real urgency where there has been a true impossibility of giving notice of motion.

[2] Learned counsel concedes that this test has not been met. Moreover the status quo, which the remedy is designed to preserve, is that the 2nd defendants are now in control of the plaintiff company. That being so, it is only proper that the application be made interparty and I hear from the defendant’s before any orders are made.

[3] The application is to be made interparty, returnable 8.30 am on Tuesday 15 August 2006. All documents filed in these proceedings are to be served on all defendants by 4 pm, Friday 11 August 2006.

[4] I am aware of the urgency given what has transpired over the last week. Learned counsel is urged to caution his clients of the need to act only within the ambit of the law. Law and order must be maintained in the interests of the general community and all parties involved.

Gwen Phillips
JUDGE

At Lautoka
2 August 2006