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Fiji Islands - FLR Volume 29 - Digest & Index |
THE FIJI LAW REPORTS
of cases decided
THE FIJI COURT OF APPEAL
and
THE SUPREME COURT OF FIJI1983
VOLUME 29This Volume may be cited as “29 F.L.R.”
EDITOR:
THE HON. D.G. McGREGOR, ESQ., Q.C.
Former Judge of the Supreme Court of the Australian Capital Territory
and the Federal Court of AustraliaPRICE: $25.00
DIGEST AND INDEX
PAGE
AFFILIATION
Complaint’s evidence accepted – lies by alleged father can provide corroboration in the sense of disclosure of guilty mind.
78
Magistrate’s acceptance of viva voce evidence – Supreme Court substituting its own view – rejecting corroborative evidence upholding appeal – ordering rehearing so other evidence can be available – error in Law thereby – appellate court in the circumstances should not substitute its own view of credibility.
81
BANKRUPTCY
Receiving orders – proof of debt – admission of debt by counsel – signature of counsel upon petition – Bankruptcy Act – Bankruptcy Rules.
128
CIVIL PROCEDURE
R.H.C. 0.14 – application for Summary judgment – may not be entered if arguable defence – guarantor bound by signature – no defence of limitation.
113
COMPANY LAW
Issue of preference shares – right to share in surplus assets on winding up – referable to Memorandum of Articles, terms of resolutions passed or other evidence as to terms of issue – voting rights – donor primarily liable for Gift Duty.
Keith Alfred Edward Marlow & Anor. v. The Commissioner of Estate and Gift Duties, Suva and Others
117
Petition for Winding up – affairs of Company alleged to have been conducted in oppressive manner – no evidence that oppressive to petitioner – abuse of process – petition struck out.
62
CONTRACT
Accepted Bills dishonoured – action for goods sold and delivered – Nature of C.K.F. Contract – delivery in respect thereof satisfied by delivery of documents – this is the measure of buyer’s right – documents can be rejected if late.
Suva Rubber Stamp Company v. A.M. Satterthwaite & Company Limited
1
CONTRACT NEGLIGENCE
House – faulty foundations – subsidence – liability of builder and vendor therefore – liability of council in failing to exercise control by its own inspector structure over construction.
71
CRIMINAL LAW
Appeal to Supreme Court from conviction by a Magistrate – procedure when summary dismissal was available – principles which governed such exercise – failure to note existence of grounds of appeal which went beyond those in respect of which summary dismissal was available.
86
Assaulting “Police Officer” in due execution of duty did not include Special Constable.
65
CRIMINAL LAW
Summary offences – Explosives regulations – Reg. 100 – absolute liability – legislation where likely to be found that liability absolute.
29
Minor offences – loitering for purpose of prostitution – appropriate sentence – appropriate default period – examination of means of offender before imposing financial penalty.
168
Practice and procedure – procedure to be followed before imposing fine.
171
Practice and procedure – conviction for alternative offence – order for retrial on – amendment of charges – necessity for plea thereto.
Vinod Narayan v. Reginam
139
Practice and procedure – power to order retrial – whether confined to power to order new trial.
143
CRIMINAL LAW
Practice and procedure - failure to convict following guilty plea = whether curable defect.
134
Evidence and proof – handwriting – whether disputed evidence of handwriting should be left to assessors unaided by expert opinion.
154
DAMAGES
Action between co-owners – position – “artificial”, - where each entitled to possession – a solution is to divide the property equally or order sale and division – unless some wrongful act.
49
Death – Loss of Earnings – loss of Expectation of Life
147
GIFT DUTY
Disclosure of gifts in Gift Duty Statement – later in formal memorandum – the Statement and Memoranda did not create merely evidenced and intention to make gifts – Counsel’s agreement that gifts made not accepted.
Sarah Florence Barrack v. The Commissioner of Estate and Gift Duties
23
GIFT DUTY
Four annual purported gifts of $4,000 each by way of forgiveness – total $16,000. Dated of gift is date perfected.
19
INCOME TAX
Attempted deduction of interest on loan taken out to acquire shares – dividends to taxpayer thereby – Management fee paid to tax payer from Company in which shares held – s.19 – “for the purpose of” – “investment or property”.
39
LANDLORD AND TENANT
Application for possession of dwelling house – 6 months notice – “own use and occupation” means personal physical occupation.
8
Tenancy – did not prevail where residential subdivision plan approved by Director of Town and Country Planning – Director not required to consider occupancy – principles of natural justice not applicable.
12
LANDLORD AND TENANT
Partition – Property Law Act s.118(1) – available to joint tenant as well as tenants in common – mandatory to make order unless good reason to the contrary.
100
Notice of Increase of Rent – Counter Inflation Act 1973.
159
NATIVE LANDS
Ownership thereof vested in the Mataqali on perpetual basis – Control residing in the Native Land Trust Board – individual members may be but need not be consulted.
Serupepeli Dakai No.1 & 11 Others v. Native Land Development Corporation & 2 Others
92
TRADE DISPUTES
Trade Disputes Act s.14 – onus of proof – appellants knowledge of probable consequences of their actions must be proved.
104
ROAD TRAFFIC
Insurance – Lapse of driving licence – Effect on Third Party Insurance Cover.
165
WORKMEN’S COMPENSATION
Injury to eye causing permanent partial incapacity – no reduction of earnings in present employment – diminution of earning capacity in other employment he had been capable of undertaking – compensation – method of assessment.
Fiji Electricity Authority v. Labour Officer (on behalf of Ramesh Prasad)
55
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