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Kulu Bay Resort v Gauna [2011] FJHC 69; Civil Action 396.2007 (17 February 2011)

IN THE HIGH COURT OF
CIVIL JURISDICTION, SUVA

Civil Action No. 396 of 2007

BETWEEN:

KULU BAY RESORT
a duly incorporated company having its registered office at Suva, Fiji.
PLAINTIFF

AND:

MACIU GAUNA
as the head of the Mataqali Kulu of Beqa Island
situated in the Tikina of Beqa, in the Province of Rewa.
1ST DEFENDANT

AND:

MATAQALI KULU a native land owning unit of Beqa Island
situated in the Tikina of Beqa, in the Province of Rewa
2ND DEFENDANT

AND:

NATIVE LAND TRUST BOARD
a body corporate duly constituted under the Native Land Trust Act, Cap 134.
3RD DEFENDANT

Before: Master Anare Tuilevuka
Solicitors: Messrs Jamandas & Associates for the Plaintiff
Native Land Trust Board for the Defendant

Date of Ruling: 17th February 2011

RULING

[1]. Before me is an application by the 1st and 2nd defendants filed on the 6th of March 2009 seeking to set aside the default judgement that was entered against them on Friday 23rd May 2008 by Master Udit.

[2]. Apparently, an order was made by the Master on 19th May 2008 that - unless the 1st and 2nd defendants filed their defence by Friday 23rd May 2008, judgement would be entered against them.

[3]. No defence was of course filed by the 1st and 2nd defendants. And judgement was accordingly entered against them.

[4]. This application is misguided. What the 1st and 2nd defendants should have done was file an application seeking leave to appeal the decision out of time under Order 59 Rules 8,9,10 and 11 of the High Court Rules.

[5]. I dismiss the application with costs to the plaintiff in the sum of $250-00 (two hundred and fifty dollars).

Anare Tuilevuka
MASTER

At Lautoka
17th February 2011