Fiji Law Reports 2001 Volume 2

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DIGEST & INDEX

PAGE

APPEAL

Reinstatement of appeal dismissed for non appearance of counsel for Applicant – principles to consider in enlargement of tie to appeal – principles to consider in exercise of discretion to reinstate appeal

Chanra Kant Umaria v Rauhanisi Ofa Albert

118

Leave to appeal to Court of Appeal – whether Plaintiff's representative capacity must be proved at an interlocutory stage or at trial – whether lack of locus standi is an abuse of the process of court

Waisea Mataitini v Director of Lands & Ors.

339

Murder – leave to appeal to Supreme Court – framing of questions of significant public importance – whether appellate court erred in refusing to accept self defence as a defence – whether test is 'slight evidence' or 'credible evidential foundation' is not a question of significant public importance – provocation

Vinod Lal v State

404

AFFILIATION AND MAINTENANCE

Whether default in affiliation payments civil or criminal in nature – principles to consider in exercise of discretion to reinstate appeal

Chandra Kant Umaria v Rauhanisi Ofa Albert

118

CIVIL PRACTICE AND PROCEDURE

Joinder of party – affidavit devoid of facts to prove nexus between the proposed Interested Party and the judgment – standard of evidence required

Chandrika Prasad v Republic of Fiji & Attorney-General (No.6)

Locus standi of applicants – form, admissibility and evidence of affidavit

Jokapeci Koroi & Ors v Commissioner of Inland Revenue & Ors (No.1)

314

Originating summons procedure – whether originating notice of motion procedure required – no serious dispute of facts – whether procedure prejudicial to other party

Kenneth Zinck v New Labour Unity Party & Ors.

434

CONSTITUTION

Judiciary – jurisdiction – Lawfulness of government – attempted coup d'etat – Purported abrogation of Constitution – Interim government established – Role and status of courts preserved – whether Constitution surviving as supreme law and whether interim government lawful – Whether courts having jurisdiction to decide such questions – Jurisdiction of court to decide legality of new regime

Republic of Fiji & Attorney-General v Chandrika Prasad (No.2)

Supremacy – Emergency – Extra-constitutional action Doctrine of necessity – Attempted coup d'etat – Purported abrogation of Constitution – Prime Minster, ministers and MPs held hostage in Parliament by rebels – Whether President acting under doctrine of necessity in declaring state of emergency – Whether military commander acting under doctrine of necessity in abrogating Constitution – Establishment of interim military rule and interim civilian government –Validity – Whether attempted change in legal order effective – Relevant considerations – Whether new constitutional arrangements and interim civilian government firmly established – Whether any rival government –Burden and Standard of proof of efficacy – Whether evidence of real acquiescence by citizens established – Whether interim civilian government the lawful government – Whether Constitution remaining in force

Republic of Fiji & Attorney-General v Chandrika Prasad (No.2)

Supremacy-Attempted coup d'etat- Purported abrogation of Constitution – Decrees, executive acts and decisions of successive interim military and interim civilian administrations – Constitution remaining in force throughout administrations – Legality of decrees, executive acts and decisions of administrations

Republic of Fiji & Attorney-General v Chandrika Prasad (No.2)

Doctrine of necessity – whether re-imposition of Value Added Tax (Essential Food Items Amendment) Decree 2001 is necessary – Ratification of decrees – validity and legality of Amendment Decree – whether the caretaker government had the power to advise the President to pass the Value Added Tax (Essential Food Items Amendment) Decree 2001 (Interim Civilian Government Decree No.5)

Jokapeci Koroi & Ors v Commissioner of Inland Revenue & Ors (No.1)

314

Admissibility of confessional statement – whether obtained unfairly and in oppressive circumstances – Appellant detained for over 2 days – caution interview not inculpatory until admission of responsibility for murder on day three whether breach of Constitution s27(1)(b)

Sudesh Jeet v State

361

Discipline – purported expulsion from party by party president – constitutional powers of party – whether unlawful, null and void – whether party had powers and authority

Kenneth Zinck v New Labour Unity Party & Ors.

434

Double punishment – factual background the same – Appellant subjected to internal prison disciplinary procedures – statutory sentence

Serupepeli Cerevakawalu v State (No.2)

409

Fundamental rights and minimum requirements sought by court is not high idealistic and utopian – whether balance between Constitution provisions and rights of the state, victims and witnesses is subject to availability of resources – right to a trial within a reasonable time – whether exceptional circumstances caused by delay a ground for granting bail

State v Jai Ram, Emosi Bati, Avinesh Vikash Mani

276

Framing of questions for certification to be questions of significant public importance – whether appellate court erred in refusing to accept self-defence as a defence – whether test is 'slight evidence' or 'credible evidence foundation' – provocation

Vinod Lal v State

404

Validity of amending decree – whether s3(8) Value Added Tax Decree constitutional – not passed by Parliament – principle of close scrutiny before acceptance – whether High Court has jurisdiction over tribunal to determine issues raised by Plaintiff

Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue

276

Validity of Emergency Decree 2000 and charge under the Decree – doctrine of necessity – whether reasonably justifiable in free and democratic society

Livai Nagera v State

352

CRIMINAL LAW: EVIDENCE

Attempted rape – whether spur of the moment desire for sex amounts to attempted rape

Dineshwar Goundar v State

254

Bail – Interlocutory applications – murder charge – conditions of remand block – changes since Sailasa Naba & Ors v State – purpose of visit to prison complex – whether remand blocks conform with UN Standard Minimum rules – lack of resources to comply with UN Minimum

State v Jai Ram, Emosi Bati, Avinesh Vikash Mani

276

Whether sentence imposed by Dangerous Drugs Amendment Decree ultra vires the 1997 Constitution because it removes judicial discretion in sentencing young first offenders – disproportionality

State v Audie Pickering

228

Housebreaking entering and larceny – appeal against conviction and sentence – whether juvenile at the time of trial – sufficiency of evidence – whether adequate time to prepare for trial – appeal against sentence – found outdoors without a permit – harsh and excessive – activation of sentence – age of appellant – first offender

Livai Nagera v State

352

Murder – larceny – accomplice granted immunity from prosecution – evidence – admissibility of confessional statement- whether obtained unfairly and in oppressive circumstances – Appellant detained for over 2 days – caution interview not inculpatory until admission of responsibility for murder on day three – whether breach of Constitution s27(1)(b)

Sudesh Jeet v State

361

Rape – housebreaking with intent to commit felony – assault occasioning actual bodily harm – appeal against conviction and sentencing – whether unrepresented Accused's rights to counsel and fair trial

Timoci Kurivola & Paula Kunauwa v State

269

Unlawful assembly – whether evidence available on each element of unlawful assembly – whether defect in charge where common purpose is different from that specified in the charge – court's duty to amend charge to meet circumstances of the case – Penal Code ss86 and 87; Criminal Procedure Code s214

State v Iosefo Sucutuiqaqa & Ors

421

CRIMINAL LAW: PROCEDURE

Act with intent to cause grievous harm – appeal against conviction – Whether Magistrate erred in advising prosecution to add new charge of attempted rape and modify burglary charge – whether Magistrate erred in failing to obtain plea on the whole charge from unrepresented accused – principles underlying "altered charge" major amendments to information, not procedural in nature – accused's constitutional rights to counsel and fair trial not

Dineshwar Goundar v State

254

Admissibility – Caution statement – general allegations of assaults – deprivation of sleep – interview and reconstruction conducted late at night – whether obtained fairly and without oppression – test of admissibility – whether wife's inculpatory statements about the accused amounted to improper pressure – Right to counsel

State v Deo Prakash

366

Affidavit sword before agent who has conduct of proceedings – independence of commissioner – improper indorsements – lack of compliance with High Court Rules – Court grants leave

State v Jai Ram, Emosi Bati, Avinesh Vikash Mani

300

Acquittal following refusal of adjournment application – larceny – State sought part-hearing as 2 witnesses not available – whether refusal to grant adjournment a proper exercise of judicial discretion

Livai Nagera v State

352

No case to answer – unlawful assembly – whether magistrate's acquittal proper – 2 witnesses not available, being out of the country – matter part-heard – prosecution gave no reason for prejudice – judicial notice of armed takeover of Parliament and hostage crisis

State v Iosefo Sucutuiqaqa & Ors

421

Appeal against conviction and sentence – wrongful confinement – criminal intimidation – defective charge – whether entire proceedings is declared a nullity, alleged severity of the sentence, totality principle as applied to sentencing

Serupepeli Cerevakawalu v State (No.2)

409

CRIME: SENTENCE

Dangerous drugs – Accused charged and sentenced to imprisonment on 2 Counts for possession of dangerous drugs – appeal against sentence – guilty plea taken without the knowledge of two separate counts of charges – major discrepancies between the facts and the Analyst Report – chain of possessions not clear – exercise of due care and diligence with guilty pleas by unrepresented persons – right to fair trial- guidelines for Magistrates – principles of sentencing

Rajesh Chand & Shailesh Kuamar v State

400

Wrongful confinement – criminal intimidation – appeal against sentences – whether magistrate failed to take into account prison discipline – whether sentence by Court is disproportionately severe treatment or double jeopardy – 12 months sentence affirmed

Serupepeli Cerevakawalu And Osea Balesavu v State (No.1)

262

DAMAGES

Two short detentions at airport by airport police without charge – assessment of damages for breach of constitutional rights and interests

Mohammed Kasim v Commissioner of Police & Ors.

415

EVIDENCE

Leave to adduce affidavit evidence – paucity of evidence before the High Court – officers not available to depose until after date fixed for filing affidavits – fluid events occurring after High Court hearing – public interest – special grounds

Republic of Fiji & Attorney-General v Chardrika Prasad (No.1)

Defects in form of affidavit – test of admissibility of evidence applicable to interlocutory proceedings – disregard of passages in the proposed Interested Party's affidavits which fail to state the sources and grounds for information or beliefs, are irrelevant, argumentative and unfactual – conflicting affidavit evidence cannot be resolved

Chandrika Prasad v Republic of Fiji & Attorney-General (No.6)

INJUNCTION

Interim injunction – pickwick basis – against Constitution Review Commission appointment – use of public funds – contempt – locus standi of Commission – whether to grant interim stay until further order – impending decision of Court of Appeal in Republic of Fiji & Attorney-General v Chandrika Prasad (No.1)

Jokapeci Koroi & Anor. v Asesela Ravuvu & Ors. (No.1)

JUDICIAL REVIEW

Whether termination of contract of service a breach of rules of natural justice, was unreasonable and in breach of the terms of the Applicant's contract

State v Permanent Secretary for Youth, Employment Opportunities and Sports ex parte Kitione Tuapati

248

Review of permanent arbitrator's award – whether finding that dismissals were procedurally unfair an error of law, whether award of 4 months salary as compensation for breach of procedural rights irrational and unreasonable – Trades Dispute Act s6(3); 1997 Constitution s33(3)

State v Permanent Arbitrator ex parte Plantation Island Resort

376

Opposed leave application – decision of Court – Martial dismissing application for transfer of charges to High Court – whether rulings of disciplinary Courts reviewable by the High Court – Jurisdiction of the High Court – whether General Court –Martial an inferior Court – authority of the Commander to convene General Court Martials

State v General Court Martial and Anor. exp Lt. Charles Yabakidrau Dakuliga & 7 Ors.

382

Appointment to public office – acting appointment – post advertised and confirmed – appointment appealed against and set aside by the Public Service Appeals Board for not meeting the Minimum Qualification Requirements – application to judicially review the Appeals Board decision – alleged errors of law by an administrative tribunal – whether error in rejecting FNTC evaluation plainly unreasonable

State v Public Service Appeal Board ex parte Ranbir Singh

444

PUBLIC SERVICE

Retirement age – review of various legislative instruments in respect of the retirement age – whether a person having already retired prior to the commencement of amending regulations increasing the retirement age from 55 to 60 can seek relief under the amending regulations

State v Public Service Commission ex parte Anuradha Charan

182

STATUTORY INTERPRETATION

Interpretation of revenue law – what is clearly said – no room for intendment – no presumption as to a tax – nothing implied – meanings of 'activity', 'goods', 'taxable activity', 'taxable supply', 'in the course of or furtherance of making taxable supply', 'in the course of carrying on a business', 'zero-rated supply' – Value Added Tax Decree 1991

Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue

276

Questions pose for Case Stated – whether sentence imposed by Dangerous Drugs Amendment Decree ultra vires the 1997 Constitution because it removes judicial discretion in sentencing young first offenders – disproportionality

State v Audie Pickering

228

STAY

Stay of execution of declarations pending appeal – no legally coercive effect of Judgment – power of single judge

Republic of Fiji & Attorney-General v Chandrika Prasad (No.1)

Stay of preliminary hearing – application to disqualify Magistrate – whether Court can order stay and disqualify on allegations from the bar table of presiding magistrate's purported bias by conduct

State v Ilimimi Naitini a.k.a. George Speight & 10 Ors (No.2)

Value Added Tax Decree – urgent interim Stay by D1 – judgment imposing permanent stay on imposition of VAT on 6 essential food items – depriving Plaintiff obtaining fruits of judgment – appeal by D1 but appeal lodged by present government D2 – where does balance of advantage and convenience lie? – no special circumstances offered to suspend normal laws and apply doctrine of necessity.

Jokapeci Koroi & Ors v Commissioner of Inland Revenue & Ors (No.2)

335

STRIKING OUT

No reasonable cause of action – representative action – whether the Plaintiff had a properly constituted representative action – indefeasibility of title – no evidence to be tendered – validity of the Native Lands Act (Amendment) Decree – amendment of pleadings – validity of Native Lands Act (Amendment) Decree 15/00

Emosi Vunisa v Director of Lands & The Magic Mountain Springs (Fiji) Ltd. & Attorney-General

343

SUPERANNUATION FUND

Whether Appellant's negligent advice resulted in nomination being invalid – whether the Respondent is entitled to commence proceedings in the Magistrates' Court when funds deposited in the High Court – cross appeal on award of further general damages and interest – interest not pleaded

Fiji National Provident Fund v Jagdish Prasad

395

TAX

Value Added Tax – whether insurance proceeds received by taxpayer in the course of making taxable supplies or in furtherance of taxable activity

Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue

276

Value Added Tax – whether set-off refunds against income tax liability lawful – whether amended assessments valid – Defendant entertained out of time objection – Defendant's actions unconscionable – Defendant estopped from relying on 1996 amended assessment when it failed to fulfil promise of issuing amended assessment for 1997

Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue

276

Powers of the VAT tribunal – tribunal has yet to determine objection

Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue

276

Fiji Islands - 2001 Fiji Law Reports Vol 2 - Digest & Index

Fiji Islands - 2001 FLR Volume 2 - Digest & Index

DIGEST & INDEX	PAGE
APPEAL Reinstatement of appeal dismissed for non appearance of counsel for Applicant – principles to consider in enlargement of tie to appeal – principles to consider in exercise of discretion to reinstate appeal Chanra Kant Umaria v Rauhanisi Ofa Albert	118
Leave to appeal to Court of Appeal – whether Plaintiff's representative capacity must be proved at an interlocutory stage or at trial – whether lack of locus standi is an abuse of the process of court Waisea Mataitini v Director of Lands & Ors.	339
Murder – leave to appeal to Supreme Court – framing of questions of significant public importance – whether appellate court erred in refusing to accept self defence as a defence – whether test is 'slight evidence' or 'credible evidential foundation' is not a question of significant public importance – provocation Vinod Lal v State	404
AFFILIATION AND MAINTENANCE Whether default in affiliation payments civil or criminal in nature – principles to consider in exercise of discretion to reinstate appeal Chandra Kant Umaria v Rauhanisi Ofa Albert	118
CIVIL PRACTICE AND PROCEDURE Joinder of party – affidavit devoid of facts to prove nexus between the proposed Interested Party and the judgment – standard of evidence required Chandrika Prasad v Republic of Fiji & Attorney-General (No.6)	39
Locus standi of applicants – form, admissibility and evidence of affidavit Jokapeci Koroi & Ors v Commissioner of Inland Revenue & Ors (No.1)	314
Originating summons procedure – whether originating notice of motion procedure required – no serious dispute of facts – whether procedure prejudicial to other party Kenneth Zinck v New Labour Unity Party & Ors.	434
CONSTITUTION Judiciary – jurisdiction – Lawfulness of government – attempted coup d'etat – Purported abrogation of Constitution – Interim government established – Role and status of courts preserved – whether Constitution surviving as supreme law and whether interim government lawful – Whether courts having jurisdiction to decide such questions – Jurisdiction of court to decide legality of new regime Republic of Fiji & Attorney-General v Chandrika Prasad (No.2)	59
Supremacy – Emergency – Extra-constitutional action Doctrine of necessity – Attempted coup d'etat – Purported abrogation of Constitution – Prime Minster, ministers and MPs held hostage in Parliament by rebels – Whether President acting under doctrine of necessity in declaring state of emergency – Whether military commander acting under doctrine of necessity in abrogating Constitution – Establishment of interim military rule and interim civilian government –Validity – Whether attempted change in legal order effective – Relevant considerations – Whether new constitutional arrangements and interim civilian government firmly established – Whether any rival government –Burden and Standard of proof of efficacy – Whether evidence of real acquiescence by citizens established – Whether interim civilian government the lawful government – Whether Constitution remaining in force Republic of Fiji & Attorney-General v Chandrika Prasad (No.2)	59
Supremacy-Attempted coup d'etat- Purported abrogation of Constitution – Decrees, executive acts and decisions of successive interim military and interim civilian administrations – Constitution remaining in force throughout administrations – Legality of decrees, executive acts and decisions of administrations Republic of Fiji & Attorney-General v Chandrika Prasad (No.2)	59
Doctrine of necessity – whether re-imposition of Value Added Tax (Essential Food Items Amendment) Decree 2001 is necessary – Ratification of decrees – validity and legality of Amendment Decree – whether the caretaker government had the power to advise the President to pass the Value Added Tax (Essential Food Items Amendment) Decree 2001 (Interim Civilian Government Decree No.5) Jokapeci Koroi & Ors v Commissioner of Inland Revenue & Ors (No.1)	314
Admissibility of confessional statement – whether obtained unfairly and in oppressive circumstances – Appellant detained for over 2 days – caution interview not inculpatory until admission of responsibility for murder on day three whether breach of Constitution s27(1)(b) Sudesh Jeet v State	361
Discipline – purported expulsion from party by party president – constitutional powers of party – whether unlawful, null and void – whether party had powers and authority Kenneth Zinck v New Labour Unity Party & Ors.	434
Double punishment – factual background the same – Appellant subjected to internal prison disciplinary procedures – statutory sentence Serupepeli Cerevakawalu v State (No.2)	409
Fundamental rights and minimum requirements sought by court is not high idealistic and utopian – whether balance between Constitution provisions and rights of the state, victims and witnesses is subject to availability of resources – right to a trial within a reasonable time – whether exceptional circumstances caused by delay a ground for granting bail State v Jai Ram, Emosi Bati, Avinesh Vikash Mani	276
Framing of questions for certification to be questions of significant public importance – whether appellate court erred in refusing to accept self-defence as a defence – whether test is 'slight evidence' or 'credible evidence foundation' – provocation Vinod Lal v State	404
Validity of amending decree – whether s3(8) Value Added Tax Decree constitutional – not passed by Parliament – principle of close scrutiny before acceptance – whether High Court has jurisdiction over tribunal to determine issues raised by Plaintiff Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue	276
Validity of Emergency Decree 2000 and charge under the Decree – doctrine of necessity – whether reasonably justifiable in free and democratic society Livai Nagera v State	352
CRIMINAL LAW: EVIDENCE Attempted rape – whether spur of the moment desire for sex amounts to attempted rape Dineshwar Goundar v State	254
Bail – Interlocutory applications – murder charge – conditions of remand block – changes since Sailasa Naba & Ors v State – purpose of visit to prison complex – whether remand blocks conform with UN Standard Minimum rules – lack of resources to comply with UN Minimum State v Jai Ram, Emosi Bati, Avinesh Vikash Mani	276
Whether sentence imposed by Dangerous Drugs Amendment Decree ultra vires the 1997 Constitution because it removes judicial discretion in sentencing young first offenders – disproportionality State v Audie Pickering	228
Housebreaking entering and larceny – appeal against conviction and sentence – whether juvenile at the time of trial – sufficiency of evidence – whether adequate time to prepare for trial – appeal against sentence – found outdoors without a permit – harsh and excessive – activation of sentence – age of appellant – first offender Livai Nagera v State	352
Murder – larceny – accomplice granted immunity from prosecution – evidence – admissibility of confessional statement- whether obtained unfairly and in oppressive circumstances – Appellant detained for over 2 days – caution interview not inculpatory until admission of responsibility for murder on day three – whether breach of Constitution s27(1)(b) Sudesh Jeet v State	361
Rape – housebreaking with intent to commit felony – assault occasioning actual bodily harm – appeal against conviction and sentencing – whether unrepresented Accused's rights to counsel and fair trial Timoci Kurivola & Paula Kunauwa v State	269
Unlawful assembly – whether evidence available on each element of unlawful assembly – whether defect in charge where common purpose is different from that specified in the charge – court's duty to amend charge to meet circumstances of the case – Penal Code ss86 and 87; Criminal Procedure Code s214 State v Iosefo Sucutuiqaqa & Ors	421
CRIMINAL LAW: PROCEDURE Act with intent to cause grievous harm – appeal against conviction – Whether Magistrate erred in advising prosecution to add new charge of attempted rape and modify burglary charge – whether Magistrate erred in failing to obtain plea on the whole charge from unrepresented accused – principles underlying "altered charge" major amendments to information, not procedural in nature – accused's constitutional rights to counsel and fair trial not Dineshwar Goundar v State	254
Admissibility – Caution statement – general allegations of assaults – deprivation of sleep – interview and reconstruction conducted late at night – whether obtained fairly and without oppression – test of admissibility – whether wife's inculpatory statements about the accused amounted to improper pressure – Right to counsel State v Deo Prakash	366
Affidavit sword before agent who has conduct of proceedings – independence of commissioner – improper indorsements – lack of compliance with High Court Rules – Court grants leave State v Jai Ram, Emosi Bati, Avinesh Vikash Mani	300
Acquittal following refusal of adjournment application – larceny – State sought part-hearing as 2 witnesses not available – whether refusal to grant adjournment a proper exercise of judicial discretion Livai Nagera v State	352
No case to answer – unlawful assembly – whether magistrate's acquittal proper – 2 witnesses not available, being out of the country – matter part-heard – prosecution gave no reason for prejudice – judicial notice of armed takeover of Parliament and hostage crisis State v Iosefo Sucutuiqaqa & Ors	421
Appeal against conviction and sentence – wrongful confinement – criminal intimidation – defective charge – whether entire proceedings is declared a nullity, alleged severity of the sentence, totality principle as applied to sentencing Serupepeli Cerevakawalu v State (No.2)	409
CRIME: SENTENCE Dangerous drugs – Accused charged and sentenced to imprisonment on 2 Counts for possession of dangerous drugs – appeal against sentence – guilty plea taken without the knowledge of two separate counts of charges – major discrepancies between the facts and the Analyst Report – chain of possessions not clear – exercise of due care and diligence with guilty pleas by unrepresented persons – right to fair trial- guidelines for Magistrates – principles of sentencing Rajesh Chand & Shailesh Kuamar v State	400
Wrongful confinement – criminal intimidation – appeal against sentences – whether magistrate failed to take into account prison discipline – whether sentence by Court is disproportionately severe treatment or double jeopardy – 12 months sentence affirmed Serupepeli Cerevakawalu And Osea Balesavu v State (No.1)	262
DAMAGES Two short detentions at airport by airport police without charge – assessment of damages for breach of constitutional rights and interests Mohammed Kasim v Commissioner of Police & Ors.	415
EVIDENCE Leave to adduce affidavit evidence – paucity of evidence before the High Court – officers not available to depose until after date fixed for filing affidavits – fluid events occurring after High Court hearing – public interest – special grounds Republic of Fiji & Attorney-General v Chardrika Prasad (No.1)	35
Defects in form of affidavit – test of admissibility of evidence applicable to interlocutory proceedings – disregard of passages in the proposed Interested Party's affidavits which fail to state the sources and grounds for information or beliefs, are irrelevant, argumentative and unfactual – conflicting affidavit evidence cannot be resolved Chandrika Prasad v Republic of Fiji & Attorney-General (No.6)	39
INJUNCTION Interim injunction – pickwick basis – against Constitution Review Commission appointment – use of public funds – contempt – locus standi of Commission – whether to grant interim stay until further order – impending decision of Court of Appeal in Republic of Fiji & Attorney-General v Chandrika Prasad (No.1) Jokapeci Koroi & Anor. v Asesela Ravuvu & Ors. (No.1)	32
JUDICIAL REVIEW Whether termination of contract of service a breach of rules of natural justice, was unreasonable and in breach of the terms of the Applicant's contract State v Permanent Secretary for Youth, Employment Opportunities and Sports ex parte Kitione Tuapati	248
Review of permanent arbitrator's award – whether finding that dismissals were procedurally unfair an error of law, whether award of 4 months salary as compensation for breach of procedural rights irrational and unreasonable – Trades Dispute Act s6(3); 1997 Constitution s33(3) State v Permanent Arbitrator ex parte Plantation Island Resort	376
Opposed leave application – decision of Court – Martial dismissing application for transfer of charges to High Court – whether rulings of disciplinary Courts reviewable by the High Court – Jurisdiction of the High Court – whether General Court –Martial an inferior Court – authority of the Commander to convene General Court Martials State v General Court Martial and Anor. exp Lt. Charles Yabakidrau Dakuliga & 7 Ors.	382
Appointment to public office – acting appointment – post advertised and confirmed – appointment appealed against and set aside by the Public Service Appeals Board for not meeting the Minimum Qualification Requirements – application to judicially review the Appeals Board decision – alleged errors of law by an administrative tribunal – whether error in rejecting FNTC evaluation plainly unreasonable State v Public Service Appeal Board ex parte Ranbir Singh	444
PUBLIC SERVICE Retirement age – review of various legislative instruments in respect of the retirement age – whether a person having already retired prior to the commencement of amending regulations increasing the retirement age from 55 to 60 can seek relief under the amending regulations State v Public Service Commission ex parte Anuradha Charan	182
STATUTORY INTERPRETATION Interpretation of revenue law – what is clearly said – no room for intendment – no presumption as to a tax – nothing implied – meanings of 'activity', 'goods', 'taxable activity', 'taxable supply', 'in the course of or furtherance of making taxable supply', 'in the course of carrying on a business', 'zero-rated supply' – Value Added Tax Decree 1991 Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue	276
Questions pose for Case Stated – whether sentence imposed by Dangerous Drugs Amendment Decree ultra vires the 1997 Constitution because it removes judicial discretion in sentencing young first offenders – disproportionality State v Audie Pickering	228
STAY Stay of execution of declarations pending appeal – no legally coercive effect of Judgment – power of single judge Republic of Fiji & Attorney-General v Chandrika Prasad (No.1)	35
Stay of preliminary hearing – application to disqualify Magistrate – whether Court can order stay and disqualify on allegations from the bar table of presiding magistrate's purported bias by conduct State v Ilimimi Naitini a.k.a. George Speight & 10 Ors (No.2)	23
Value Added Tax Decree – urgent interim Stay by D1 – judgment imposing permanent stay on imposition of VAT on 6 essential food items – depriving Plaintiff obtaining fruits of judgment – appeal by D1 but appeal lodged by present government D2 – where does balance of advantage and convenience lie? – no special circumstances offered to suspend normal laws and apply doctrine of necessity. Jokapeci Koroi & Ors v Commissioner of Inland Revenue & Ors (No.2)	335
STRIKING OUT No reasonable cause of action – representative action – whether the Plaintiff had a properly constituted representative action – indefeasibility of title – no evidence to be tendered – validity of the Native Lands Act (Amendment) Decree – amendment of pleadings – validity of Native Lands Act (Amendment) Decree 15/00 Emosi Vunisa v Director of Lands & The Magic Mountain Springs (Fiji) Ltd. & Attorney-General	343
SUPERANNUATION FUND Whether Appellant's negligent advice resulted in nomination being invalid – whether the Respondent is entitled to commence proceedings in the Magistrates' Court when funds deposited in the High Court – cross appeal on award of further general damages and interest – interest not pleaded Fiji National Provident Fund v Jagdish Prasad	395
TAX Value Added Tax – whether insurance proceeds received by taxpayer in the course of making taxable supplies or in furtherance of taxable activity Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue	276
Value Added Tax – whether set-off refunds against income tax liability lawful – whether amended assessments valid – Defendant entertained out of time objection – Defendant's actions unconscionable – Defendant estopped from relying on 1996 amended assessment when it failed to fulfil promise of issuing amended assessment for 1997 Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue	276
Powers of the VAT tribunal – tribunal has yet to determine objection Ghim Li Fashion (Fiji) Pte Limited v Commissioner of Inland Revenue	276