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Fiji Islands - FLR Volume 35 - Digest & Index |
THE FIJI LAW REPORTS
of the cases decided in
THE FIJI COURT OF APPEAL
and in
THE HIGH COURT OF FIJI1989
VOLUME 35This Volume may be cited as “35 F.L.R.”
EDITOR:
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
of Gray’s Inn, Judge of the High Court of Fiji
DIGEST AND INDEX
PAGE
ADMINISTRATIVE LAW
Administrative law – ministerial direction – whether ultra vires the Act – Fruit Export and Marketing Act (Cap. 154) Section 7.
Chang Singh Loong Cop. v. Minister of Primary Industries & Attorney-General
44
AGENCY
Agency – Contract for sale of land – whether receipt constitutes sufficient memorandum of agreement – whether alleged lack of memorandum must be specifically pleaded – legal effort of authority to sell – Indemnity Bailment and Guarantee Act (Cap.232) Section 59 (d).
25
APPEAL
Appeal – “by way of rehearing” – power of the Court of Appeal to take cognisance of facts occurring since the first instance hearing. Court of Appeal Rules (Cap. 12 – Subs) Rf. 15(1), 22(3), 22(4).
229
COMPANIES
Companies – debenture – moneys payable “on demand” – whether time allowed for payment adequate – effect of appointment of receiver on powers of directors – receiver’s power of sale – whether contractual or statutory – Land Transfer Act (Cap. 130) Sections 77, 78, 79 & 80.
Gunac (Fiji) Ltd. v. Westpac Banking Corp.; Aryan Building & Marine Supplies v. Westpac Banking Corp & Ors
1
CONTEMPT OF COURT
Contempt of Court – alleged breach of Order of Magistrates’ Court – whether alleged defect in the Order a defence.
252
COURTS
Courts – setting aside Judgment – powers of registrar – want of jurisdiction – whether remediable by the parties – High Court Rules 1988 Order 13 r 10.
40
CRIME: OFFENCES
Crime: offences – selling liquor after hours – whether actual delivery of the liquor a necessary ingredient of the offence – Liquor Act (Cap.192) Sections 48, 49 (3), 50 and 54 (1).
73
CRIME: PROCEDURE
Crime: procedure – principles governing application of the proviso to Section 319 of the Criminal Procedure Code (Cap. 21).
73
CRIME: PROCEDURE
Crime: procedure – unlawful sexual intercourse – plea of guilty – whether prosecution absolved from need to prove age of victim – Penal Code (Cap.17) Section 155 (1) – Criminal Procedure Cope (Cap.21) Section 206.
217
CROWN (STATE) PROCEEDINGS
Crown (State) Proceedings – whether the Attorney-General is liable for the Sheriff’s failure to execute a writ of possession – Crown (State) Proceedings Act (Cap.24) Section 3(5).
259
CUSTOMARY LAW
Customary law – entitlement to chiefly title – judicial review of decision of the Native Lands Commission – Native Lands Act (Cap.133) Section 17 (1).
116
ECCLESIASTICAL LAW
Ecclesiastical law – constitution of the Methodist Church of Fiji – whether suspension of constitution lawful.
Rev. Josatekil Fifi Koroi v. Rev. Ratu Isireli Caucau & Ors.
58
ESTATE
Estate – Fiji National Provident Fund – failure by testate deceased to nominate – how sum standing to deceased’s credit to be distributed – Fiji National Provident Fund Act (Cap.219) Section 32, 34, 35 and 43.
107
EVIDENCE
Evidence : criminal – the onus of proving that a parking meter is not of the approved type or is not in working order lies on ka defendant – Traffic Act (Cap. 176) Section 79.
140
EVIDENCE: CRIMINAL
Evidence: criminal – sexual assault – recent complaint – corroboration – distressed condition of complainant.
236
FAMILY LAW
Family law – application for ancillary relief – whether a separate action subject to the law of limitation – Matrimonial Causes Act (Cap. 51) Part XIII.Colin Ernest Philp v. Anna Francisca Philp & Sione Tupouniua
17
FAMILY LAW
Family law – whether “cohabitation” and “residing” are equivalent – when maintenance order becomes unenforceable or ceases to have effect – Maintenance and Affiliation Act (Cap. 52) Section 6.
170
FOREIGN JUDGMENTS
Foreign Judgments – reciprocal enforcement –whether judgment of Supreme Court of Hong Kong registrable – whether Fiji’s departure from the Commonwealth relevant – application to set aside – principles applicable – Foreign Judgments (Reciprocal Enforcement) Act (Cap.40) Sections 3, 6, 9.
207
FOREIGN JUDGMENTS
Foreign Judgments – reciprocal enforcement – whether District Court of New South Wales a “superior Court”. Foreign Judgments (Reciprocal enforcement Act (Cap.40) Section3.
203
INCOME TAX
Income Tax – subdivision and sale of devised land by non-resident – whether profit taxable – Income Tax Act (Cap. 201) Section 11(e).
48
INTERPRETATION OF STATUTES
Interpretation of Statutes – whether an earlier edition of an Act is repealed by a subsequent edition of the same Act.
174
JUDICIAL REVIEW
Judicial Review – whether there exists a right to renew an application for judicial review following the dismissal of a similar application on the same grounds – High Court Rules 1988 Order 53.
102
LAND
Land – adverse possession – vesting order – whether occupation by the State prevents accumulation of prescription period – whether temporary occupation by the State precludes claim based on adverse possession. – Land Transfer Act (Cap.131) Section 78 and 90.
89
LAND
Land – indefeasibility of title – easements – artificial drainage – whether unencumbered owner of the land entitled to obstruct – Land Transfer Act (Cap. 131) Section 39.
Prince Vyas Lakshman & Anr v. The Trustees of Sanatan Dharam Stri Sabha & Ors
164
LAND
Land – Crown (State) land – mortgage – whether an agreement to mortgage crown land requires consent – whether a mortgage is created upon agreement or upon registration – Crown (State) Lands Act (Cap.132) Section 13 – Land Transfer Act (Cap.131) Section 5, 37.
36
LAND
Land – purchase of land by non-residents – whether agreement to purchase subsequently approved by the Minister enforceable – Land Sales Act (Cap. 137) Section 6.
180
LAND
Land – transmission by death of agricultural land – application for summons for possession – effect of application to Agricultural Tribunal – Land Transfer Act (Cap.131) Sections 169, 172; Agricultural Landlord and Tenant Act (Cap. 270) Section 4 (1).
229
MONEYLENDERS
Moneylenders – memorandum of interest charged – whether receipts promissory notes – whether transactions within the Moneylenders Act (Cap.234) Section 16 (i); Bills of Exchanges Act (Cap. 227) Sections 88 and 95.
245
PRACTICE (Civil)
Practice (Civil) – compromise of actions – whether the Court has jurisdiction to vary the terms of the settlement.
194
PRACTICE (Civil)
Practice (Civil) – defamation action – mareva injunction – quantum of sum secured.
82
PRACTICE (Civil)
Practice (Civil) – discovery of documents – public interest immunity – how to be claimed – when documents to be inspected by the Court.
22
PRACTICE (Civil)
Practice (Civil) – Judgment by consent – application to set aside whether application may be made in action settle or whether fresh action must be commenced – application for stay – whether stay warranted RHC O 47 r1.
13
PRACTICE (Civil)
Practice (Civil) – compromise of actions – approval of settlement in favour of person under disability – function of the Court – procedure to be followed – High Court Rules 1988 Order 80 rule 8.
Anjilini Lata Sen v. Yakub Kadir
Shailesh Narayan v. Rajendra Ram
154
PRACTICE (Civil)
Practice (Civil) – limitations on operation of the “slip rule” – High Court Rules 1988 Order 20 r 10.
152
PUBLIC SERVICE
Public Service – Prisons Service – whether termination of employment a discharge – whether termination unlawful – Prisons Act (Cap.86) Section 12 & 15.
Josefa Vuetaki v. The Commissioner of Prison & The Attorney-General
98
PUBLIC SERVICE
Public Service – pensions – length of pension able service – relevance of conscription for war service – Pensions Act (1958) Cap 59 (1967 Edn.).
197
SENTENCE
Sentence – unlawful sexual intercourse – mitigatory factors – Penal Code (Cap.17) Section 155 (1).
249
TRADE UNIONS
Trade Unions – Judicial review to quash registration of new Union – Registrar’s failure to hold due enquiry – Trade Unions Act (cap. 96) Section 13 (1) (2).
Seafarers Union of Fiji v. The Registrar of Trade Unions & Fiji Foreign-Going Seamen’s Union
134
TRAFFIC
Traffic – third party policy of insurance – whether statutory liability of insurer a defence to criminal proceedings for driving without being covered by a third party policy – Traffic Act (Cap.176) Section 23 (1) – Motor Vehicles (Third Party Insurance) Act Cap. 177, Section 4(1) & (2).
174
TRAFFIC
Traffic – parking meters – whether subject to Weights and Measures Act, 1979 – effect of presumptions of regularity contained in the Traffic Act (Cap.176) Section 79.
140
WORDS & PHRASES
Words and phrases – “sells or supplies” – Liquor Act (Cap.192) Section 49 (3) – Sale of Goods Act (Cap.230).
73
WORDS & PHRASES
Words and phrases – whether “cohabiting” and “residing with” are equivalent.
170
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