FIJI COURT OF APPEAL

INDEX AND DIGEST

2003

VOLUME 1

MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji

FIJI COURT OF APPEAL

LIST OF SUBJECT HEADINGS

APPEAL

ARBITRATION

ASSESSORS

BAIL

BANKRUPTCY

BILLS OF SALE

COMPANY LAW

CONSTITUTION

CONTRACT

COURTS

CRIME: Defences

Offences

Procedure

CROWN PROCEEDINGS

CUSTOMS

DAMAGES

DEFAMATION

EMPLOYMENT

ESTATE

EVIDENCE: Civil

Criminal

FAMILY

IMMIGRATION

INCOME TAX

INSURANCE

INTERPRETATION

JUDICIAL REVIEW

LAND

LANDLORD & TENANT

LEGAL PRACTITIONERS

LOCAL GOVERNMENT

MISCELLANEOUS: Court Martial

Exchange Control

Legal Aid

MONEYLENDERS

NTR (NOTHING TO REPORT)

NATIVE LAND

NEGLIGENCE

PARTNERSHIP

PRACTICE: Civil

PUBLIC SERVICE

SENTENCE

TORTS: Miscellaneous

WORDS AND PHRASES

WORKERS COMPENSATION

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FIJI COURT OF APPEAL

2003

INDEX AND DIGEST

PARTIES SUBJECT DESCRIPTION FCA PAGE

NO. NO.

Air Pacific Ltd APPEAL Leave to appeal to Supreme Court 33/01 03/616

v. Fiji Aviation granted- two questions certified to be

Workers Assn. of significant public importance (see

& Anr. 2003/179 and FCA B.V. 04/801)

Anuradha Charan APPEAL Leave to appeal to the Supreme 60/01 03/662

v. PSC Court refused (see 03/270).

Baram Deo v. The APPEAL Leave to appeal to the Supreme 15, 16/00 03/770

State; Shiu Chand Court refused.

v. The State

Chiman Lal APPEAL Application for stay pending appeal 51/99 03/624

Jamandas & Ors v. to Supreme Court dismissed.

The Commissioner

of Inland Revenue

The Commander of APPEAL Leave to appeal to the Supreme 2/03 03/709

The Republic of Court from 03/609 granted.

Fiji Military Forces

& Anr v. The

Auditor General

Commissioner of APPEAL No disputed question of law or fact- 69/01 03/321

Inland Revenue applications to settle theoretical

v. United Touring propositions or general questions as to

(Fiji) Ltd how facts should be assessed do not

raise questions of significant public

importance- leave to appeal to

Supreme Court refused.

Enele Cama v. APPEAL No arguable grounds of appeal advanced 11/99 03/101

The State against conviction for murder- leave to

appeal refused.

Grahame Bruce APPEAL Leave to appeal to the Supreme 61/99 03/107

Southwick v. Court granted (see FCA B.V. 04/618).

The State

Karnail Singh v. APPEAL Application for leave to appeal out of 41/03 03/675

Dhanraji Singh time refused- observations on limited

extent to which alleged failure of legal

practitioner may assist a defaulting

assist a defaulting appellant.

Mool Chand v. APPEAL NTR 29/01 03/636

The State

Ramesh Chand APPEAL Appeal from the High Court following 11/02 03/485

v. The State conviction in the Magistrates’ Court

dismissed- no question of law raised.

Ratu Napolioni APPEAL Application for leave to appeal out of 26/02 03/338

Dawai v. Ratu time- inordinate delay- inadequate and

Isireli Namulo unsatisfactory explanation- no affidavit

by alleged defaulting solicitor- prejudice

if leave granted- further delay not in the

public interest- leave refused.

Ratu Napolioni APPEAL The exercise of judicial discretion in 26/02 03/645

Ragigia Dawai v. accordance with well established

Ratu Isireli principles does not give rise to a question

Rokomatu Namulo of significant public importance- leave

to appeal to Supreme Court refused.

Registrar of Titles APPEAL Leave to appeal to Supreme Court 31/01 03/47

v. Sharda Prasad refused – no question raised of

significant importance.

Rev. Akuila Yabaki APPEAL Application for leave to appeal to 61/01 03/490

& Ors v. The the Supreme Court- questions posed

President of the either unarguable, factual or moot-

Republic of Fiji no benefit to be derived from further

appeal- application dismissed.

Trevor Robert APPEAL Applicability of Exchange Control 30/00 03/348

Gallagher & Anr Act (Cap 211) to deeds of trust-

v. Allan Charles certified question of significant

Newham public importance- leave granted to

appeal to Supreme Court.

Viliame Cavubati APPEAL Appeal by the State against sentence 22/03 03/764

v. The State imposed in the Magistrates’ Court- appeal

to Court of Appeal from High Court

allowing State’s appeal- State’s appeal

filed out of time- no application to

enlarge time for appealing- High Court’s

order a nullity- requirements governing

appeals to be strictly followed emphasised.

Wasawasa Fisheries COMPANY Registration of companies- appeal against 44/02 03/220

Ltd v. Competitive LAW order of reregistration- purported

Foods Australia unilateral renunciation of share allotment

Ltd. void- whether deregistered company still

trading- whether just to restore to the

Anjula Devi CONSTITUTION Murder- malice aforethought- for the 17/99 03/244

& Anr v. The State purposes of Section 202 (b) of the Penal

Code the test of knowledge is subjective-

failure of trial judge clearly to explain

possible liability of first accused as

principal in the second degree- failure

clearly to explain distinction between

murder and manslaughter- failure

adequately to explain effect of lies told by

the accused- failure to grant adjournment to

allow accused to be legally represented-

appeal allowed- convictions quashed-

retrial ordered.

Apaitia Seru CONSTITUTION Nearly 5 years between charge and 41/99 03/279

& Anr v. conviction- whether delay unreasonable

The State and in breach of Section 29 (3) of the

1997 Constitution- failure to put defence

to the assessors- proviso inapplicable-

convictions quashed- no retrial.

Attorney-General CONSTITUTION The High Court’s jurisdiction to grant an 01/02 03/155

of Fiji v. injunction against the State on an application

Timoci Silatolu for constitutional redress should only be

exercised when declaratory relief is

insufficient to ensure compliance- the

constitutional right to adequate legal aid in

the interests of justice is not limited by

financial constraints to which the Legal

Aid Commission may be subject.

Baram Deo v. CONSTITUTION While dismissing appeals against 15/00 03/303

The State: Shiu conviction the Court explained the

Chand v. The proper approach which is to be taken

State to alleged breaches of Section 27 of the

Constitution (rights of arrested persons).

The Commander of CONSTITUTION Powers conferred on Auditor-General - 2/03 03/649

Fiji Military Forces whether restricted by Section 167 (1)

& Anr v. The of the Constitution- whether properly

Auditor General extended by Section 6 (1) of the Audit

Act (Cap. 70) – whether extension

applies to Regimental and other funds

maintained by the Republic of Fiji

Military Forces.

NLTB & Anr. CONSTITUTION Expiry of native lease- award of 21/03 03/720

v. Ved Prakash compensation for deprivation of

property set aside- proceedings irregular-

Section 40 of 1997 Constitution

inapplicable. Native Lands (Leases

and Licences) Regulations (Cap. 134).

The Proceedings CONSTITUTION Distinction between interlocutory 24/03 03/740

Commissioner, and final orders discussed- Bill of

Fiji Human Rights Rights- entitlement of Proceedings

Commission v. The Commissioner to institute proceedings-

Commissioner of appeal allowed- Human Rights

Police & Anr. Commission Act 1998 Sections

34, 35 & 36.

Rev. Akuila CONSTITUTION The Prime Minister is only liable to 61/01 03/51

Yabaki & Ors v. dismissal by the President if he has

The President of lost the confidence of the House of

the Republic of Fiji Representatives – a caretaker Prime

Minister does not have to be a member

of the House of Representatives –

concept of mootness discussed –

Constitution Sections 107, 108 & 109

– appeal dismissed.

Estate Management CONTRACT Undefended summary judgment award 41/02 03/403

Service Ltd v. partially set aside- issues of exchange

Sydney James Lee rate losses and interest remitted to the

& Anr High Court for determination- indemnity

costs awarded against the Appellant.

NBF Asset CONTRACT Deed for sale and purchase of debt and 11/03 03/788

Management Bank securities- failure of condition precedent

v. Turner Resorts - appeal against summary judgment

International Co. Ltd ordering return of deposit dismissed.

Suva City Council COURTS Application for further interim payment 55/03 03/682

Meli Tabu of damages pending appeal- whether

Court of Appeal has jurisdiction to award-

need to avoid overpayment stressed-

Court of Appeal Act Sections 13 & 20(1).

Sikeli Nayavusoata CRIME: Appeals against conviction- appellants 27/01 03/499

& Anr. v. DEFENCES plainly parties to the offence- Penal Code

The State (Cap 17) Section 21- home invasion- no

physical injury inflicted- value of stolen

property small- sentence of 7 years

imprisonment reduced to 5.

Anjula Devi CRIME: Murder- malice aforethought- for the 17/99 03/244

& Anr v. The State OFFENCES purposes of Section 202 (b) of the Penal

Code the test of knowledge is subjective-

failure of trial judge clearly to explain

possible liability of first accused as

principal in the second degree- failure

clearly to explain distinction between

murder and manslaughter- failure

adequately to explain effect of lies told by

the accused- failure to grant adjournment

to allow accused to be legally represented

- appeal allowed- convictions quashed-

retrial ordered.

Apaitia Seru CRIME: Nearly 5 years between charge and 41/99 03/279

& Anr v. PROCEDURE conviction- whether delay unreasonable

The State and in breach of Section 29 (3) of the

1997 Constitution- failure to put defence

to the assessors- proviso inapplicable-

convictions quashed- no retrial.

Armogam & Ors CRIME: Cross examination of accused as to 32/02 03/390

v. The State PROCEDURE character- leave of trial Judge must

first be obtained- no notice of intention

to cross examine given to defence- CPC

Section 145 (f) (ii) - declaration that

witness is hostile- procedure and principles

explained- probative value of lies- need for

specific lies to be identified- summing up

inordinately lengthy- convictions quashed,

retrial ordered.

Asaeli Lesu CRIME: Provocation-in the absence of credible 3/02 03/1

v. The State PROCEDURE evidence capable of supporting a finding

of provocation the issue should not be

left to the assessors - appeal against

conviction for murder dismissed.

Deep Sea Fishing CRIME: Illegal fishing- forfeiture of fishing 30/03 03/776

Corporation Ltd PROCEDURE vessel- failure by Magistrates’ Court

v. The State to consider application for forfeiture-

order for forfeiture by High Court set

aside- procedure for applications for

forfeiture explained- Fisheries

Act (Cap. 158).

Henry Ali v. CRIME: Provocation – no direction on burden of 9/01 03/15

The State PROCEDURE proof – overly legalistic summing up-

lengthy adjournments during the course of

the trial– verdict unsafe and unsatisfactory

– conviction quashed- retrial ordered.

Land Transport CRIME: Traffic Offence – Traffic Infringement 50/02 03/31

Authority v. PROCEDURE Notice – a prosecution may be

Ajay Singh conducted by LTA officer – Land

Transport Act 1998 Section 9 (1) (c).

Lepani Maiwaqa CRIME: While allowing an appeal and quashing 39/98 03/567

v. The State PROCEDURE the conviction the Court defined the

model direction on the standard of proof

in criminal proceedings.

Navuniani Koroi CRIME: Section 222 (1) of the Criminal Procedure 37/02 03/37

v. The State PROCEDURE Code (Cap. 21 – 1985 Edn – replaced by

CPC (Amendment) Act 2003 – Section 8)

considered - appeal dismissed.

The State v. CRIME: On an appeal against conviction only the 49/02 03/530

Jogendar Singh PROCEDURE High Court does not have power to quash

the sentence and to reverse a magistrate’s

decision not to commit for sentence.

– CPC Section 319 (1).

Viliame Cavubati CRIME: Appeal by the State against sentence 22/03 03/764

v. The State PROCEDURE imposed in the Magistrates’ Court-

appeal to Court of Appeal from High

Court allowing State’s appeal- State’s

appeal filed out of time- no application

to enlarge time for appealing- High

Court’s order a nullity- requirements

governing appeals to be strictly followed.

Attorney-General CROWN The High Court’s jurisdiction to grant 01/02 03/155

of Fiji v. PROCEEDINGS an injunction against the State on an

Timoci Silatolu application for constitutional redress

should only be exercised when declaratory

relief is insufficient to ensure compliance

– the constitutional right to adequate legal

aid in the interests of justice is not limited

by financial constraints to which the Legal

Aid Commission may be subject.

Attorney-General DAMAGES Personal injuries- awards of general 4/03 03/687

& Anr v. Aliana damages reduced- proper approach to

Kotoiwasawasa multiplier discussed- desirability of

& Anr presenting actuarial evidence emphasised.

Plantation Village DAMAGES Permanent facial injuries- proper 7/03 03/573

Ltd & Ors v. Guy approach to assessment of general

Anderson damages for personal injuries

discussed- general damages reduced.

Rohit Vikash & DAMAGES Order for variation of award of 47/03 03/679

Anr. v.Suruj interim damages pending appeal.

Mati Prakash

Suva City Council DAMAGES Application for further interim 55/03 03/682

v. Meli Tabu payment of damages pending appeal-

whether Court of Appeal has

jurisdiction to award- need to

avoid overpayment stressed- Court

of Appeal Act Sections 13 & 20(1).

Air Pacific Ltd EMPLOYMENT Leave to appeal to Supreme 33/01 03/616

v. Fiji Aviation Court granted- two questions

Workers Assn. certified to be of significant

& Anr. public importance (see 2003/179

above and FCA B.V. 04/801)

Commander EMPLOYMENT Republic of Fiji Military Forces - 49/02 03/543

Republic of Fiji necessity for procedures governing

Military Forces resignation to be properly followed-

& Ors v. Lt. Whether commissioned officer is a

Col. Filipo person appointed to an office

Tarakinikini established by the constitution- no

refusal to comply with properly

presented request- declaration and

certiorari quashed- order for damages

to be assessed set aside- RFMF

Regulations Regn 21- Constitution,

Sections 112(3) and 194 (5).

Fiji Aviation EMPLOYMENT Collective agreement – trade dispute 33/01 03/179

Workers Assn. v. – reversal by High Court of finding of

Air Pacific Ltd fact by Permanent Arbitrator set aside

& Anr. - relevance of New Zealand authorities

to common law of Fiji discussed- appeal

allowed – matter remitted to Permanent

Arbitrator (But see Bnd Vols. 04/801)

The PS for Labour EMPLOYMENT Trade dispute- acceptance by 23/02 03/358

& Industrial Permanent Secretary- whether

Relations & Anr accepted more than 12 months

v. Air Pacific after arising- Disputes Committee-

Ltd & Anr failure to give reasons for decision

reached- decision set aside.

Asaeli Lesu EVIDENCE: Provocation-in the absence of 3/02 03/1

v. The State CRIMINAL credible evidence capable of

supporting a finding of provocation

the issue should not be left to the

assessors – appeal against conviction

for murder dismissed.

Suliasi Sivaro EVIDENCE: Allegation that legal practitioner in 48/02 05/755

v. The State CRIMINAL default in filing appeal within time- need

for affidavit by defaulting lawyer- dock

identification- although unsatisfactory

and to be avoided if possible the law does

not only allow dock identification when an

identity parade has previously been held.

Deo Sharan Singh INSURANCE A party relying on the Limitation Act 17/02 03/90

& Anr v. CMLA (Cap. 35) must plead that defence- it is

not open to the Court to make a finding

of non disclosure unless the issue is pleaded-

in the terms of the policy mere payment of

the arrears of premiums did not reinstate

the policy after its lapse- appeal dismissed.

Disciplined Services JUDICIAL The Court of Appeal re-affirmed the 27/02 03/11

Commission v. REVIEW answer given by it in March 2002 (FCA

Beniamino Naiveli B.V. 02/129) and dismissed the appeal- no

question of significant public importance

was raised and therefore leave to appeal

to the Supreme Court was refused.

Jabbar Mohammed JUDICIAL Taxi base – revocation of tenancy at will- 8/01 03/202

v. Director of REVIEW clear denial of procedural fairness- appeal

Lands & Surveyor- allowed – matter remitted to Director of

General & Anr. Lands for hearing.

Gyan Prakash v. LAND Appeal against summary order for 42/02 03/325

Lakshmi Prasad possession of land- defence amounting to

no more than mere assertions- no ground

for interfering with primary judge’s

discretion- appeal dismissed- Land

Transfer Act (Cap. 131) Section 169.

Ram Chand & Ors LAND Summary proceedings for possession- 21/02 03/119

v. Ram Chandar although agreeing with the Appellants

that the evidence before the High Court

was not sufficient to discharge the onus

placed on the Respondents by Section 172

of the Act the Court of Appeal dismissed the

appeal on the ground that the Appellants had

failed to formulate orders to which the Court

could give effect. (Land Transfer Act – Cap

131 – Section 169)

Mohammed Tahir LANDLORD In the absence of a specific 19/02 03/113

v. Wing Zoing & TENANT provision general expressions in

Wah & Co. a covenant for renewal contained

in a lease do not confer a right to

perpetual renewal.

Karnail Singh v. LEGAL Application for leave to appeal out 41/03 03/675

Dhanraji Singh PRACTITIONERS of time refused- observations on

limited extent to which alleged

failure of legal practitioner may

a defaulting appellant.

Suliasi Sivaro LEGAL Allegation that legal practitioner 48/02 05/755

v. The State PRACTITIONERS in default in filing appeal within

time- need for affidavit by defaulting

lawyer- dock identification- although

unsatisfactory and to be avoided if

possible the law does not only allow

dock identification when an identity

parade has previously been held.

Henry Ali v. MISCELLANEOUS: Provocation – no direction on 9/01 03/15

The State COURT MARTIAL burden of proof – overly legalistic

summing up - lengthy adjournments

during the course of the trial –

verdict unsafe and unsatisfactory –

conviction quashed - retrial ordered.

Trevor Robert MISCELLANEOUS: Applicability of Exchange Control 30/00 03/348

Gallagher & Anr EXCHANGE Act (Cap 211) to deeds of trust-

v. Allan Charles CONTROL certified question of significant

Newham public importance- leave to appeal

to Supreme Court granted.

Attorney-General MISCELLANEOUS: The High Court’s jurisdiction to grant 01/02 03/155

of Fiji v. LEGAL AID an injunction against the State on an

Timoci Silatolu application for constitutional redress

should only be exercised when

declaratory relief is insufficient to

ensure compliance – the constitutional

right to adequate legal aid in the

interests of justice is not limited by

financial constraints to which the

Legal Aid Commission may be subject.

Mosese Setareki MISCELLANEOUS: Interim order made for filing of 21/02 03/640

& Anr v. The State LEGAL AID of necessary documentation.

Peceli Masidole & MISCELLANEOUS: Applications for legal aid must not be 21/02 03/726

Ors v. The State LEGAL AID declined for lack of funds- application

for counsel to be assigned to conduct

criminal appeal- whether Court of Appeal

Act, Section 30 repealed by Legal Aid Act-

responsibility of Attorney General to fund

appointment of counsel assigned.

BDO Spicers NATIVE Forfeiture of lease- action for relief 62/03 03/799

Auckland Trustee LAND against- application in Court of

Co. Ltd. v. Appeal for interim injunction

NLTB & Ors. following dismissal of application

in High Court- no arguable appeal

established- application dismissed.

NLTB & Anr. NATIVE Expiry of native lease- award of 21/03 03/720

v. Ved Prakash LAND compensation for deprivation of

property set aside- proceedings

irregular- Section 40 of 1997

Constitution inapplicable. Native

Lands (Leases and Licences)

Regulations (Cap. 134).

Jone Maka & Anr NEGLIGENCE Personal injuries- no adequate 63/01 03/451

v. Edward Michael evidence to support finding of

Broadbridge contributory medical negligence-

serious injury to the hip necessitating

eventual hip replacement- significant

loss of function of right leg- lost

opportunity to become airline pilot-

general damages reduced- proper

approach to assessment of future loss

discussed- no allowance for contingencies-

special damages reduced. (see also appeal

to Supreme Court – 2005 Bnd. Vols.).

Raj Pati v. Vijay NEGLIGENCE Landowner- right to support from 20/03 03/749

Singh & Anr adjoining land- action in nuisance-

liability in negligence- findings of

fact open to the High Court – appeal

dismissed.

Waisele Natalekoko NEGLIGENCE Naval diving operation – death of 40/00 03/136

Rauqe v. The divers from “the bends” – failure by

Attorney-General supervisor to ensure dives safely

of Fiji carried out- finding of contributory

negligence by deceased divers set

aside- appeal allowed.

John Knight PARTNERSHIP Appeal against summary judgment 47/02 03/434

Waterhouse (Junior) and refusal to strike out counterclaim

& Anr v. William dismissed on the facts.

Waterhouse & Anr.

Abdul Kadder PRACTICE: Striking out for want of prosecution 24/00 03/382

Kuddus Hussein CIVIL - applicable principles explained -

v. Pacific Forum insufficient evidence of prejudice-

Line Ltd. order set aside.

Chandar Bhan PRACTICE: Appeal against High Court’s order 16/03 03/773

v. Vidya Wati CIVIL restoring discontinued action

dismissed – RHC O 21 r 4.

Deoji & Sons Ltd v. PRACTICE: Second application for leave to 51/03 03/714

Gurdev Singh & Ors CIVIL appeal dismissed as res judicata.

Deo Sharan Singh PRACTICE: A party relying on the Limitation Act 17/02 03/90

& Anr v. CMLA CIVIL (Cap. 35) must plead that defence- it

is not open to the Court to make a

finding of non disclosure unless the

issue is pleaded – in the terms of the

policy mere payment of the arrears of

premiums did not reinstate the policy

after its lapse – appeal dismissed.

Fiji Bank Employees PRACTICE: Application for summary judgment 35/02 03/422

Union v. Blue CIVIL - conditional leave given to defend-

Shield (Pacific) appeal allowed, condition deleted.

Insurance Ltd.

The Proceedings PRACTICE: Distinction between interlocutory 24/03 03/740

Commissioner, CIVIL and final orders discussed- Bill of

Fiji Human Rights Rights- entitlement of Proceedings

Commission v. The Commissioner to institute proceedings-

Commissioner of appeal allowed- Human Rights

Police & Anr. Commission Act 1998 Sections

34, 35 & 36.

Sailosi Saqalu PRACTICE: Injunction- whether damages an adequate 67/00 03/343

& Ors v. Arula CIVIL remedy- an undertaking as to damages

Investments should be backed by evidence of ability

Co. Ltd to meet the undertaking- more than bare

assertions of inability to pay are usually

required- appeal dismissed.

Suresh Pratap PRACTICE: Unacceptably unreasoned High 42/00 03/505

& Anr v. G.L. CIVIL Court judgment delivered after

John Ltd Judge left office- judgment

apparently a nullity- judgment

signed by another Judge- propriety

of this practice questioned- appeal

allowed.

Suva City Council PRACTICE: Application for further interim 55/03 03/682

v. Meli Tabu CIVIL payment of damages pending appeal-

whether Court of Appeal has

jurisdiction to award- need to

avoid overpayment stressed- Court

of Appeal Act Sections 13 & 20(1).

Sy Pin Chung PRACTICE: Significant and complicated financial 32/02 03/519

& Anr v. Money CIVIL issues between the parties- summary

World (Fiji) Ltd judgment involving findings of

credibility inappropriate- appeal

allowed- RHC O. 14.

Anuradha Charan PUBLIC Compulsory retirement on ground of age 60/01 03/270

v. PSC SERVICE - whether pension rights relevant- effect

of Fiji Public Service Commission and

Public Service (Amendment) Decree

1987- whether retirement compulsory

under Rgn 14 (1) of Public Service

(General) Regulations 1999- appeal

dismissed.

Disciplined Services PUBLIC The Court of Appeal re-affirmed the 27/02 03/11

Commission v. SERVICE answer given by it in March 2002

Beniamino Naiveli (FCA Reps. 02/129) and dismissed the

appeal – no question of significant

public importance was raised and

therefore leave to appeal to the

Supreme Court was refused.

Deep Sea Fishing SENTENCE Illegal fishing- forfeiture of fishing 30/03 03/776

Corporation Ltd vessel- failure by Magistrates’ Court

v. The State to consider application for forfeiture-

order for forfeiture by High Court set

aside- procedure for applications for

forfeiture explained- Fisheries

Act (Cap. 158).

Inoke Buli SENTENCE NTR 3/02 03/718

v. The State

Orisi Roko SENTENCE Manslaughter- assaults causing death 19/02 03/472

& Ors v. by group seeking retribution- severe

The State but not extreme violence- absence of

weapon- 8 years 8 months imprisonment

reduced to 5 years.

Peniasi Lee v. SENTENCE NTR 54/02 03/336

The State

Ram Chandra SENTENCE NTR 12/00 03/584

v. The State

Sikeli Nayavusoata SENTENCE Appeals against conviction- appellants 27/01 03/499

& Anr. v. plainly parties to the offence- Penal Code

The State (Cap 17) Section 21- home invasion- no

physical injury inflicted- value of stolen

property small- sentence of 7 years

imprisonment reduced to 5.

Wong Kam Hong SENTENCE Import and planned export of “enormous” 10/02 03/536

v. The State quantity of heroin- appeal against total

sentence of 12 years imprisonment

dismissed.

Chung Exports TORTS: Passing off – application to restrain 12/03 03/629

Ltd & Anr v. MISCELLANEOUS pending trial- proper approach to be

Food Processors adopted- damages adequate – appeal

(Fiji) Ltd dismissed.

Raj Pati v. Vijay TORTS: Landowner- right to support from 20/03 03/749

Singh & Anr MISCELLANEOUS adjoining land- action in nuisance-

liability in negligence- findings of

fact open to the High Court – appeal

dismissed.

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