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Wati v Permanent Secretary of Health [2013] FJHC 569; HBC22.2011 (31 October 2013)

IN THE HIGH COURT OF FIJI
AT LABASA
CIVIL JURISDICTION

Civil Action No. HBC 22 of 2011

BETWEEN:

VIMLA WATI of Tuatua, Labasa.
PLAINTIFF

AND:

THE PERMANENT SECRETARY OF HEALTH of Suva
FIRST DEFENDANT

AND:

ATTORNEY GENERAL OF FIJI
SECOND DEFENDANT

BEFORE : Justice G. Deepthi Amaratunga
COUNSEL : Mr. A. Sen for the Plaintiff
Mr. J. Mainavolau for the Defendants

SUPPLEMENTARY DECISION

1. I delivered the judgment of this case on 25th October, 2013. I realized that by mistake I have included 6% p.a interest rate from the date of judgment till final settlement of the sum awarded, instead of confining to the date of judgment. The interest I have awarded should be confined only till the date of judgment for general damages as well as to the special damages. In terms of Order 20 rule 10 such mistake can be corrected by the Court on its own motion.
   
2. In Harrison v Harrison,Willian v Richardson and Ropner v Ropner [1955] 1 Ch260 English Court of Appeal held that order pronounce by judge, whether in open Court or in chambers, can always be withdrawn, altered or modified by him either on his own initiative or on the application of a party until such time as the order has been drawn up, passed and entered.
   
3. The corrected final judgment should read as follows
   
   1. The Plaintiff is granted a Special Damages of $1108 and an interest of 3% p.a from 4th May, 2010 to date of judgment (i.e 25.10.2013) against the Defendants.
      
   2. The Plaintiff is also granted a general damages of $15,000 against the Defendants and also interest to said sum at 6% p.a from 11th June, 2010 to date of judgment (i.e 25.10.2013).
      
   100. The Plaintiff is also granted cost of $5,000 assessed summarily.
        

Dated at Suva this 31st day of October, 2013.

Justice Deepthi Amaratunga
High Court, Suva