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Fiji Islands - FLR Volume 25 - Digest & Index

THE FIJI LAW REPORTS

of cases decided in
THE FIJI COURT OF APPEAL
and
THE SUPREME COURT OF FIJI

1979
VOLUME 25

This Volume may be cited as “25 F.L.R.”

EDITOR:
THE HON. D.G. McGREGOR, Q.C. LL.b (Sydney)
Former Judge of the Supreme Court of the Australian Capital Territory
and the Federal Court of Australia

PRICE:  $25.00

DIGEST AND INDEX	PAGE
AGRICULTURE     Fruit importation – Minister may require prior fumigation and certificate.     Davendra Singh v. Attorney-General Transport Workers Union	35
ADMINISTRATIVE LAW     Whether P.S.C. may take further proceedings on some facts as earlier unsuccessful proceedings.     Josaia Daugunu v. Attorney-General	24
CONTRACT     Action for debt – admitted at one state owing - Onus on defendant to prove payment.     Jasodra v. Fiji Sugar Corporation Limited	145
Breach by defendant refusing to complete – no evidence to assist estimating damages – court make own calculation.     Akzo Chemite G.M.B.H. v. M.R. Patel & Company	6
Contract for carriage of goods by sea – goods carried as deck cargo lost at sea – plaintiff carrier excluded from liability by provision in Bill of Lading.     Burns Philp (South Sea) Company Limited v. Marine Pacific Limited	57
Damages – where liquidated damages fixed party may not recover that sum, and also a sum covering the actual proven loss sustained.     Baran Sen v. Govind Swamy Naidu	42
Failure to maintain ready for sale and to have available on agreed dates certain heavy equipment – fundamental breaches – repudiation of contract by defendant – calculation of damages – verdict for plaintiff.     Pacific Western Equipment Inc. v. Dillingham Construction (Queensland) Proprietory Limited	99
Work on chattel – workmen’s lien for possession until amount due paid.     Burns Philp (S.S.) Company Limited v. M.K.S. Pisces Trader Limited	63
COSTS – PRACTICE AND PROCEDURE     Counsel may be ordered to pay costs otherwise payable by a party.     Words and Phrases     Meaning of “Exceptional hardship”.     Sitara Begum v. Liakat Ali	21
CRIMINAL LAW     Aider and abetter – need not know offence being committed – must know circumstances of offence.     Rakesh Chand v. Reginam	240
CONSPIRACY     May be proved as inference from over act – circumstance when declarations, etc. one conspirator admissible against others.     Rajendra Prasad v. Reginam	221
Where two alleged conspirators only are charged and tried together, if one is acquitted, both must be acquitted.     Director of Public Prosecutions v. Pauliasi Taura	128
Conviction – disputed confession admitted into evidence – no voir dire hearing – conviction supported by other evidence.     Josaia Vunitali v. Reginam	177
Intention to steal is an ingredient of Larceny Dead domestic animal or any part thereof can be the subject of Larceny.     Samuela Nainima v. Reginam	242
Principles regarding suspended sentence.     Mosese Biraki v. Reginam	212
Road Traffic – Obstruction – Typographical and date error in the circumstances not appealable error.     Mohammed Aslam v. Reginam	208
Secondary Evidence – Evidence of copies of cheques not be admitted until missing originals properly accounted for – search should be “due and proper”.     Mahendra Prasad Sharma v. Reginam	186
DAMAGES     Provocation may affect exemplary damages.     Angila Wati v. Khatmun Nisha	12
EJECTMENT     Application first registered proprietor of land leased to him by Native Land Trust Board – land is native land or native reserve, Land Transfer Act s.168.     James Shankar Singh v. Aparama Ratu	17
FARE RENTS     Statutory value – “obsolescence” and “depreciation” onus of proving.     Billy Ah Koy v. Kay Abhai Jiwa Patel	49
FOREIGN JUDGEMENTS     Enforcement     Narain Shipping Co. Ltd. v. Government of American Samoa	153
INCOME TAX     Appeal against decision of Court of Review – question of fact – impossible to say evidence could not reasonably support its decision.     The Commissioner of Inland Revenue v. George Alexander Thompson	79
INDUSTRIAL ASSOCIATIONS     Application for registration of new Unions – members’ interests not adequately represented by existing Union.     Fiji Registered Ports Union Registrar of Trade Unions	137
INJUNCTION     Restrain on persons using bottles remaining property of supplies – Order to deliver up – account.     Carlton Brewery (Fiji) Limited v. Lees Transport Limited	72
LANDLORD AND TENANT     Application to Agricultural Tribunal to extend defendant’s tenancy granted.  After hearing but before decision, application under Landlord and Tenant Act 1971, s.169 attempted to relitigate some of the same issues – abuse of process – res judicata.  Second application dismissed     Kapur Singh v. Subran Sing	180
Housing Authority Tenancy – not freely assignable – purported assignee without permission required to leave.     Housing Authority v. Raj Kumar	165
Notice to quit with 2 different dates of termination one of which not authorised by lease – strict construct.  Application dismissed with costs.     Mohan Lal v. Dayaram Lallubhai	90
Tenancy – Sublease for term exceeding head lease – assignment – no forfeiture of head leave – cause shown by assignee.     Jagjiwan Vanmali v. Mohammed Ramzan	172
LOCAL GOVERNMENT     Native Land Trust Board owner liable to sales.     Native Land Trust Board v. Nadi Town Council	215
MINING     Agreement entered, submitted for and approved by Director not null and void and may be enforced.     Tota Ram s/o Dukhi Prasad	132
PROBATE     Consideration of issues where undue influence and lack of testamentary capacity are alleged.  Words & Phrases “Undue Influence”.     Rajendra Dutt Maharaj v. Harry Ram Lochan	156
Sole beneficiary liable for debt of testator but only to notice of assets received from deceased.     Kantibhai Dhoribhai Patel v. Brulal Singh	54
PRACTICE AND PROCEDURE     Letters Rogatory – Orders for attendance of witnesses – Orders for production of documents.     Robert Tweedie Macahill v. MGM Inc.	191
PRICE FIXING     Price and Incomes Board – May fix price less than prices currently charged.  Minister may direct mark-up.     Prices and Incomes Board v. Richard Yanchun Fong	230
TRADE UNIONS     Injunctions against. Niranjan’s Autoport v. National Union of Factory and Commercial Workers	219
WORKMEN’S COMPENSATION     Award despite serious misconduct because permanent incapacity suffered.     Abdul Razak v Ramesh	1

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