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Fiji Islands - FLR Volume 20 - Digest & Index |
THE FIJI LAW REPORTS
of cases decided in
THE FIJI COURT OF APPEAL
and
THE SUPREME COURT OF FIJI1974
VOLUME 20This Volume may be cited as “20 F.L.R.”
EDITOR:
R.S. FRY, B.A. (Oxen)
Former Chief Registrar of the Supreme Court of Fiji and Fiji Court of AppealPRICE : $20.00g
DIGEST AND INDEX
PAGE
AGENCY
Whether ex-employee able to pledge former employer’s credit by fraudulent issue of its official order forms – whether sufficient to set up agency by estoppel.
32
APPEAL
Civil appeal – time within which notice of appeal must be lodged – Court of Appeal Rules (Cap.8) r.16.
Civil appeal – when date of entry of judgment perfected – Supreme Court Rules 1968 rs 4(a) 5, 0.42 r.5 – Supreme Court Rules (Imp.) O.I. r.4 0.59 r.4.
15
BAILMENT
Destruction of goods by fire – burden of proof on bailee to show that he had taken proper and reasonable care of goods whilst in his possession.
55
BASTARDY
Evidence – whether mother’s evidence corroborated in a material particular – Maintenance and Affiliation ordinance 1971 s.18(2).
70
CONTRACT
Sale of goods to Farmers’ Club – whether officers of that Club liable in a personal capacity for payment.
47
CRIMINAL LAW
Evidence and Proof
Duty of magistrate to analyse the evidence – recommended form of judgment – Criminal Procedure Code (Cap.l4) s.154 (1).
1
Evidence of driving prior to scene of accident – whether irrelevant and prejudicial – Penal Code (Cap.11) s.269.
35
Evidence of expert witnesses to be subject to same scrutiny as lay witnesses.
11
Submission of no case to answer wrongfully rejected by court – whether conviction will be quashed where subsequent evidence given by defence supplies that which was lacking on part of prosecution – Criminal Procedure Code (Cap.14) s.275 (1).
Submission of no case to answer – whether court must be satisfied beyond a reasonable doubt that defendant guilty before finding case to answer – Criminal Procedure Code (Cap.14) s.275 (1).
108
Unsworn statement by defendant at trial – weight to be attached thereto.
8
Witness refreshing memory – value and weight to be placed on evidence.
108
Judgment
Supreme Court – effect of Criminal Procedure Code (Cap.14) s.153, 154, 155, 281 (2).
35
Practice and Procedure
Charge of robbery with violence – whether charge laid under Penal Code (Cap.11) s.326(1) (b) and s.416 instead of s.417 bad in law.
63
Facts material to sentence challenged – magistrate must hear evidence on oath to decide disputed facts.
5
Lies told by accused – whether magistrate directed himself properly thereon.
63
Notice to attend court – Criminal Procedure Code (Cap.14) s.81(1) – when such notice valid.
23
Whether medical textbooks evidence per se – whether magistrate entitled to have recourse to such textbooks.
19
Whether medical textbooks evidence per se – whether magistrate entitled to have recourse to such textbooks.
11
Whether statement of judge concurring with the opinion of the assessors amounts to a decision under Criminal Procedure Code (Cap.14) s.281 (2).
97
Principles of Criminal Liability
Mens rea – whether offence of abandoning litter one of strict liability – Lautoka By-Laws 1972 regs 2, 3, 6, and 7(a).
42
Robbery with violence – driver of “get away car” – whether party to substantive offence.
63
Sentence
Causing death by dangerous driving – whether imprisonment appropriate – length of disqualification.
35
Driving whilst disqualified – Traffic Ordinance (Cap.152) s.30(4) – imprisonment proper sentence unless special circumstances warrant lesser punishment.
23
Increase of sentence on appeal – whether accused afforded opportunity of making submissions against proposed increase.
63
Murder – whether court has jurisdiction to interfere with death sentence.
82
When imposition of suspended sentence justified.
5
Summing Up
Provocation – obligation on judge to direct assessors on provocation if evidence present from which provocation may be deduced.
Self defence – only necessary to direct assessors on issue of self defence if evidence present to support such a plea.
82
Traffic Offences
Causing death by dangerous driving – Penal Code (Cap. 11) s.269 – whether evidence relating to the manner of driving before accident irrelevant and prejudicial.
35
Causing death by dangerous driving – Penal Code (Cap.11) s.269(1) – driving must be shown to be the real cause of accident – prosecution must show fault on part of driver causing a situation which, viewed objectively, was dangerous.
1
Dangerous driving – Traffic Ordinance (Cap.152) s.38(1) – whether the fact that driver affected by drink relevant to issues of dangerous driving and severity of sentence.
8
Driving under the influence of drink – Traffic Ordinance (Cap.152) s.39(1) – whether report of doctor properly admitted in evidence.
Driving under the influence of drink – Traffic Ordinance (Cap.152) s.39(1) – observations by Court of general application to such cases involving medical evidence.
19
Driving under the influence of drink – Traffic Ordinance (Cap.152) s.39(1) – whether report of doctor and government analyst properly admitted in evidence.
11
DIVORCE
Evidence and proof – admissions of adultery by wife – whether obtained by duress – whether privileged – whether corroboration required – standard of proof – Matrimonial Causes Ordinance 1968 ss.70, 94 (1).
75
ESTOPPEL
Whether firm liable to pay for goods obtained by ex-employee through his fraudulent use of its official order forms – whether agency by estoppel established.
32
EVIDENCE AND PROOF
Corroboration – bastardy proceedings – failure of father to give evidence at trial may be taken into account in deciding what weight to give to corroboration.
Bastardy proceedings – evidence of opportunity – association sufficient to corroborate mother’s evidence.
70
HUSBAND AND WIFE
Evidence and proof – connivance – what must be established to prove connivance – presumption against connivance having occurred.
Separation agreement – whether such agreement void as contrary to public policy.
30
INTERPRETATION
Criminal law – Criminal Procedure Code (Cap.14) s. 281 (2) – meaning of decision of the court.
97
Criminal law – litter offence – meaning of abandon – Lautoka By-laws 1972 regs 2, 3, 6 and 7(a).
42
JUDGMENT
Recommended form and pattern – Criminal Procedure Code (Cap. 14) s.154 (1).
1
LAND
Agreement for sale and purchase – time of the essence – whether such a clause waived by vendor – whether estopped from exercising his right of rescission.
Agreement for sale rescinded by vendor – whether money paid under such an agreement returnable to purchaser.
49
Ejectment – squatters – law relating thereto – Land Transfer Act 1971 s.169.
93
LANDLORD AND TENANT
Covenant to yield up premises in good and tenantable repair – whether such covenant deprived tenant of right to remove fixtures and fittings.
Trade fixtures and fittings – tenant’s right to remove same after expiration of his lease.
88
LAW PRACTITIONERS
Admission to practise on a temporary basis as barrister and solicitor – complete discretion to admit or refuse such admission vested in Chief Justice personally – Legally Practitioners Ordinance (Cap.228) s.4.
58
MASTER AND SERVANT
Servant driving master’s motor vehicle involved in collision – whether master vicariously liable for servant’s negligence – whether acting outside scope of employment.
102
NEGLIGENCE
Action for damages arising from motor vehicle accident – whether owner vicariously liable for driver’s negligence.
102
Goods destroyed by fire whilst in the custody of carrier – whether reasonable care exercised by carrier during journey.
55
PASSING OFF
Goodwill or reputation to be protected must be established where action bought.
ITT Sheraton Corporation of America v. Sheraton Hotels Ltd. & Ors
26
PRACTICE AND PROCEDURE
Application to dismiss action for want of prosecution whether delay on appellant’s part had severely prejudiced the feasibility of a fair trial – Rules of the Supreme Court 1968 0.2 r.2, 0.3 rs.5, 6, 0.19 r.1.
120
Judgment – entry of judgment in Supreme Court Registry – whether practice of entering judgments in Crown proceedings differs from the practice when Crown not involved – Supreme Court Rules 1968 rs.4 (a), 5 0.42 rs. – Supreme Court Rules (Imp.) 0.1 r.4, 0.59 r.4.
Judgment – when date of entry of judgment in civil appeal perfected – Supreme Court Rules 1968 rs.4 (a), 5, 0.42 rs. 5 – Supreme Court Rules (Imp.) 0.1 r.4, 0.59 r.4.
15
ROAD TRAFFIC
See Criminal Law – Traffic Offences
SALE OF GOODS
Delivery of goods to Farmers’ Club – whether officers of that Club liable in a personal capacity for repayment.
47
SOLICITORS
See Law Practitioners
TORT
Trespass – whether actionable per se whether nominal damages should be awarded if trespass proved.
88
TRADE MARK
Protects goods and not services – no infringement unless mark used upon and in connection with goods – Trade Marks Ordinance (Cap.212) s.2.
ITT Sheraton Corporation of America v. Sheraton Hotels Ltd. & Ors.
26
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