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Fiji Islands - FLR Volume 30 - Digest & Index

THE FIJI LAW REPORTS

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

1984
VOLUME 30

This Volume may be cited as “30 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 Australia

PRICE:  $25.00

DIGEST AND INDEX	PAGE
ADMINISTRATION LAW     Application by way of Judicial Review for an Order of Certiorari to quash decision of Arbitration Tribunal – denial of Natural Justice – alleged refusal to applicant of opportunity to call witnesses – onus of proof to establish such denial – failure to discharge onus.     R. v. Arbitration Tribunal Ex parte: Transport Workers Union	7
BANKRUPTCY     Receiving order – proof of debt admission of debts by counsel – signature of counsel upon petition.     In re Ratu Osea Gavid	166
BILLS OF EXCHANGE     Summary judgment – unconditional acceptance – matters of dissatisfaction to be the subject of subsequent counterclaim.     Coir Industries Limited v. Louvre Windows Limited	45
COMPANY LAW     Winding Up – Injunction to restrain issue of winding up petition – whether debt the subject of s.221 notice is presently due and owing – interpretation of documents – discretion of Judge to restrain hearing of petition.     Offshore Oil N.L. v. Investment Corporation of Fiji Limited	90
Companies – Gift Duty – Liability for preference shares – right to share in surplus assets on winding up.     Keith Marlow & Anr. v. Commissioner of Estate & gift Duties	155
CRIMINAL LAW     Death caused by blows inflicted of varying degrees of severity by appellants – aiding, abetting counselling and procuring the death – defences of self defence, lack of trial Judge when particular defence disclaimed by counsel for accused even though there had been some evidence to support it – application of Proviso.     Jamendra Prasad & 3 Others v. Reginam	51
Larceny as a servant – accomplice granted immunity – admissibility of accomplice’s evidence – warning as to corroboration.     Bijai Prasad v. Reginam	13
CRIMINAL LAW     Murder – alleged confession – standard of proof of admissibility is proof beyond reasonable doubt – Court of Appeal unable to differ from Assessors properly instructed.     Chandar Deo v. Reginam	31
Murder – admissibility of confession – proof beyond reasonable doubt – discretion to exclude should be considered – when it arises, unsworn statement-entitlement of trial Judge to comment.     Kamlesh Lata v. Reginam	61
Murder and attempted murder – properly joined in one indictment – offences arose out of some incident – evidence to establish almost identical – transferred malice – act occurring independently of exercise of will – “accident”.     Krishna Kiran Naidu v. Reginam	81
DEFAMATION     Judge without jury should assume the mantle of reasonable man of ordinary intelligence – Judge should ask himself “is the natural and ordinary meanings of words that which is alleged in the Statement of Claim – if not what do the words mean – Fair Comment – no defence if not based on facts – or if based on misstatement of facts.     Ratu Sir Kamisese Mara v. Fiji Times and Herald	119
LANDLORD AND TENANT     Notice to Quit – acceptance of rent for period during tenancy before Notice – No waiver thereby – New tenancy or restoration of old depends upon intention – onus of proof thereof.     Ali Hassan v. Robin-Ann thams and K. Bhindi Bros.	1
MORTGAGES     Default – mortgage entitled to exercise power of sale – can only be restrained if amount claimed paid into court.     Rauzia Zaweed Mohammed v. Australia and New Zealand Banking Group Limited	136
NATIVE LAND     Death of Tui Ba – dispute as to successor – Native Land Commission pursuant to s.17 of Native Land Act appointed successor.     Ratu Filimone Naliva v. Ratu Sakiusa Naisau	115
NEGLIGENCE     Motor vehicle accident – agency of defendant driver binding owner – presumption that driver was agent of owner rebuttable – unchallenged evidence that driver was not such agent – acceptance of such evidence.     Rajesh Ram v. Sohan Ram	108
PARTNERSHIP     Not induced by undue influence – s.39 and s.40 did not necessarily require sale of assets on dissolution – such a course not practicable here – effect of Judge’s decision removed need to settle accounts.     Khurbur Ram Latchan v. Leslie Redvers Martin	70
PRACTICE & PROCEDURE     Application for adjournment which was contested – discretion of trial Judge – principles to be applied by appellate court in considering exercise of that discretion – grounds advanced in court at first instance flimsy and unsubstantiated by medical or other evidence in relation to absence of alleged main witness.     Plastic Manufacturing (Fiji) Limited v. Ice Fiji Limited	103
Application by way of Judicial Review for an Order of Certiorari to quash decision of Arbitration Tribunal denial of Natural Arbitration Tribunal denial of Natural Justice – alleged refusal to applicant of opportunity to call witnesses – onus of proof to establish such denial – failure to discharge onus.     R. v. Arbitration Tribunal Ex parte: Transport Workers Union	7
Summary judgment – unconditional acceptance – matters of dissatisfaction to be the subject of subsequent counterclaim.     Coir Industries Limited v. Louvre Windows Limited	45
TRADE DISPUTES     Trade Disputes Act s.14 – onus of proof – standard of proof.     Apenisa Seduadua v. Reginam	142
WORKMEN’S COMPENSATION     Rupture of aneurism causing death – deceased could have died at any time – no evidence of anything at work occurring at any time or over any period setting in train circumstances leading to death – no evidence death arose out of or in the course of employment.     Carpenters Fiji Limited v. Labour Officer	26

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