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Fiji Islands - Court of Appeal Digest 1991-2000 - Contract |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Anthony Stephens v A.G.
CONTRACT
Validity of deed of settlement-whether A-G has express or ostensible authority to execute- appeal dismissed.
64/92
96/376
Attorney-General v Pacoil Fiji Ltd
CONTRACT
Oil blending project- whether conduct amounted to a representation- estoppel and duty of care- appeal dismissed- cross appeal partly allowed.
14/96
96/476
Bhagwat Prasad v. Nazar Singh & Ors
CONTRACT
Contract for sale of land-alleged fraudulent misrepresentation- appeal dismissed on the facts.
2/91
92/282
Board of Fire Commrs of Suva v Fiji Public Service Assn.
CONTRACT
Suva Fire Brigade Act (Cap.129) - reduction of salaries following military coups d'état - whether frustration of contract - whether Declaration an appropriate remedy - appeal dismissed.
80/91
94/121
CAF v Motibhai & Co Ltd
CONTRACT
Airport duty free concession – whether contrary to public policy- whether contrary to Fair Trading Decree 1992.
4/94
95/11
Carpenters Fiji Ltd v Collison
CONTRACT
NTR
18/95
95/261
Credit Corporation (Fiji) Ltd v. Kennedy Hotel Ltd
CONTRACT
Hire purchase agreement (asset purchase agreement) -sale of vehicle by hirer without knowledge of owner- purchaser not obtaining ownership- limited evidential value of registration of ownership under S 19 (8) of the Traffic Act- appeal allowed.
9/97
99/94
Daya Prasad v Manik Prasad
CONTRACT
Unsuccessful Plaintiff's appeal dismissed on the facts.
27/92
93/46
Emperor Gold Mining Co. Ltd v. Fiji Industries Ltd
CONTRACT
Contract for purchase of quicklime- whether certain in content or operation- whether frustrated- appeal dismissed.
1/99
00/365
Fanuza Limited v Melvyn Bloom
CONTRACT
Whether agreement void for breach of the Exchange Control Act (Cap 211)- function of Reserve Bank- appeal dismissed.
4/95
96/441
Fong Sun Development Ltd v. Minson Ltd
CONTRACT
Appeal against refusal to stay action pending arbitration and order for payment out dismissed.
41/96
97/367
Fong Sun Development Ltd v. Minson Fiji Ltd
CONTRACT
Leave granted to appeal against order for payment out.
41/96
97/58
Fresh Fish Exporters (Fiji) Ltd v Wasawasa Fisheries Ltd
CONTRACT
Construction of contract to purchase vessel and goodwill- whether first payment to be paid in cash- conditions of approval by Reserve Bank - exchange of shares by Fiji companies- appeal allowed.
17/96
98/255
Kewal Investment Ltd v. Pioneer Supplies Ltd
CONTRACT
Contract for supply of roller door- door as supplied seriously defective and required replacement- no right for supplier to be paid either the contract price or on a quantum meruit- appeal allowed.
73/98
00/166
Latchman Bala v Wasu Dewan
CONTRACT
Sale and purchase of land- oral contract- authenticated signature fiction - principles applicable- appeal dismissed.
7/98
98/536
Minami T.K.K. Kaisha v Estate Management Services Ltd
CONTRACT
Sale of land for subdivision- vendors undertaking to execute proper and registrable transfers- liability of third party to indemnify vendor- whether claim time- barred- whether contract illegal- first appeal dismissed, second appeal partly allowed.
26/97
98/312
Mohammed Ali v. Mohammed Tasheem & Ors
CONTRACT
Bill of sale-Sale of Goods Act (Cap 230) section 24- appeal against findings by High Court that Purchaser had acquired good title dismissed on the facts.
42/91
92/307
Mohammed Rafique v. Haiji Mohammed Hanif & Ors
CONTRACT
Nothing to suggest High Court erred in evaluating the facts-appeal dismissed.
7/90
92/386
Nobuyoshi Kashiwa v. Giuseppe Ruggiero
CONTRACT
Contract for sale of land – discharged by failure to lodge caveats - appeal allowed.
2/96
97/190
Paul Freeman v National Bank of Fiji
CONTRACT
Guarantee-in absence of prior formal demand where such demand a term of contract no action for recovery under guarantee lies -appeal allowed.
25/91
93/432
Ram Padarath Bros Ltd v. National Marketing Authority
CONTRACT
Frozen goods damaged by interruption to refrigeration- whether undertaking to provide continuous refrigeration could be implied- continuous refrigeration the essence of the contract- appeal allowed.
61/91
92/201
Ravindra Singh v. Carpenters Fiji Ltd
CONTRACT
Supply of building materials-appeal allowed in part- judgement debt varied –cross appeal dismissed.
39/90
92/252
Sundarlal Lallu v Parvati Lallu
CONTRACT
Appeal against Judgment that documents not validity executed - non-disclosure, misrepresentation and undue influence- appeal dismissed.
53/95
96/346
Tara Singh v. Grants Waterhouse Agency
CONTRACT
Restraint of trade- whether justifiable- relevance of knowledge and skill of former employee- unfair contract- restraint invalid- appeal allowed- injunction discharged.
59/00
00/344
Vanua Air Charter Ltd v. Vladimir Herman
CONTRACT
Immigration Act (Cap 88), Section 19 (1)- a person does not engage in employment merely by entering into an employment contract.
23/96
97/86
© Michael Dishington Scott 2000
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