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Fiji Islands - FLR Volume 38 - Digest & Index |
THE FIJI LAW REPORTS
of the cases decided in
THE SUPREME COURT OF FIJI
in
THE FIJI COURT OF APPEAL
and in
THE HIGH COURT OF FIJI1992
VOLUME 38This Volume may be cited as “38 FLR”
EDITOR:
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
of Gray’s Inn, Judge of the High Court of Fiji
INDEX AND DIGEST
PAGE
ADMIRALTY
Admiralty – action in rem – warrant for arrest of a vessel – claim in respect of its construction – whether gratuitous promise has cause of action – how affected by prior debenture.
ASD Marine Proprietary Ltd & Anr v. Pacific Navigation Ltd & Ors
4
BILLS OF EXCHANGE
Bill of Exchange – non negotiable cheque – whether stolen cheque passes good title – whether regularly indorsed – whether third party liable to drawer – Bills of Exchange Act (Cap.227) Sections 3, 29, 32, 76 and 81.
138
BILLS OF SALE
Bill of Sale – motor vehicle – priority of bills – effect of failure to register – Bills of Sale Act (Cap.225) Sections 3, 7, 12.
1
BILLS OF SALE
Bill of Sale – early repayment of loan – whether harsh and unconscionable to require debtor to pay interest on the loan for the entire contractual loan period – Bills of Sale Act (Cap.225).
12
CONSTITUTION
Constitution – whether applicant entitled to be registered on the Fijian Roll of Voters – whether the applicant’s enrolment on the Vola ni Kawa Bula a decision relating to customary law – Constitution (1990) Sections 100 (4), 113, 156 (a); Fijian Affairs Act (Cap 120); Interpretation Act (Cap.7) Section 2 (7) (a).
75
CONSTITUTION
Constitution – Bill of Rights – elections – whether size of deposit violates right of freedom of association – Electoral (Conduct of Elections) Regulations 1992 Regn. 15 (10); Constitution 1990 Section 14 (2).
Sakeasi Butadroka v. Attorney-General & Electoral Commission
145
CONTRACT
Contract – counsel’s fees – whether agreed in advance – Legal Practitioners Act (Cap 154) Sections 15 & 18.
183
CONTRACT
Contract – building contract – effect of engineers certificate – value of unsupported allegation of fraud.
64
CRIME: OFFENCE
Crime – Offence – procuring abortion – whether use of instruments “unlawful” – Penal Code (Cap.17) Sections 172, 221 & 234.
192
CRIME: OFFENCES
Crime – Offences – whether incitement to violence an ingredient of the offence of sedition – Penal Code (Cap.17) Sections 65 and 66.
226
CRIME: OFFENCES
Crime – Offences – permitting a person to drive without being the holder of a driving licence – whether an offence of strict liability – Traffic Act (Cap.176) Section 23 (1).
203
CRIME: PROCEDURE
Crime – Procedure – whether discharged assessors may be replaced mid – trial – whether failure to comply with assessor provisions of the Code renders the trial a nullity – Criminal Procedure Code (Cap.21) Section 285.
58
CRIME: PROCEDURE
Crime – Procedure – trial within a trial whether contrary to law to hold in the presence of the assessors – whether failure strictly to comply with requirements for contents of judgment a curable defect – whether trial Judge should have rejected the unanimous opinion of the assessors.
120
CRIME: PROCEDURE
Crime – Procedure – when to commit non electable offences for trial in the High Court – Criminal Procedure Code (Cap.21) Section 220.
198
DAMAGES
Damages – interim award against the state – procedure governing – State Proceedings Act (Cap.24) Sections 15 (1) (a), 20 (1) & 20 (3) – High Court Rules 1988 Order 29 rr 9.10 & 11.
206
ELECTIONS
Elections – Constitution – Bill of Rights – whether size of deposit violates right of freedom of association – Electoral (Conduct of Elections) Regulations 1992 Regn. 15 (10).
Sakeasi Butadroka v. Attorney-General & Electoral Commission
145
EMPLOYMENT
Employment – recruitment policy – whether discriminatory – whether susceptible to declaratory judgment – High Court Rules 1988 Order 25 r.5.
46
EMPLOYMENT
Employment – contract of service – hotel house band – whether hotel liable to pay Provident Fund contributions – Fiji National Provident Fund Act (Cap.219).
117
EMPLOYMENT
Employment – Roko Tui Ra – whether Permanent Secretary for Fijian Affairs may accept the resignation of a Roko – Fijian Affairs Act – (Cap 120) Sections 4, 12 & 14.
177
EVIDENCE
Evidence: Criminal – corroboration – circumstantial evidence – how far capable of amounting to – whether evidence of one offence capable of corroborating another.
102
EXTRADITION
Extradition – whether the High Court has jurisdiction to entertain an application for bail following an order for committal made by the Magistrates Court – whether extradition is a “criminal cause or matter” to which the Criminal Procedure Code (Cap.21) applies – Extradition Act (Cap.23).
162
EXTRADITION
Extradition – whether there is in existence a valid extradition treaty between the U.S.A. and Fiji – whether extradition proceedings must comply with the Criminal Procedure Code (Cap.21) – whether test of dual criminality satisfied – whether alleged offence of a political character.
164
FAMILY LAW
Family Law – divorce proceedings – ancillary relief – intervention by the Attorney-General – when available – Matrimonial Causes Act (Cap.51) Sections 76, 77 & 81.
90
FOREIGN JUDGMENT
Foreign Judgment – registration of in Fiji – relevance of Exchange Control Act (Cap.211) – Foreign Judgment (Reciprocal Enforcement) Act (Cap.40).
71
INSURANCE
Insurance – rental car – whether the hirer of a rental car drives the car as the rental company’s servant or agent – Motor Vehicles (Third Party) Insurance Act. (Cap.177).
158
INSURANCE
Insurance – whether assured had insurable interest – whether misrepresentations material to insurer’s risk – whether want of approval by Director of Lands relevant – State Lands Act (Cap.132) Section 12.
220
JUDICIAL REVIEW
Judicial Review – whether available to contest an award of the Arbitration Tribunal – Trade Disputes Act (Cap.97) Section 6 (1).
The State v. Arbitration Tribunal ex parte Maikali Naikawakawavesi
234
JUDICIAL REVIEW
Judicial Review – whether certiorari available to quash a decision of the disciplinary committee of a sporting body.
83
JUDICIAL REVIEW
Judicial Review – renewal of road service licence – applicant’s legitimate expectation – procedural fairness – Traffic Act (Cap. 176).
33
JUDICIAL REVIEW
Judicial Review – a decision to disallow a person from knowingly taking advantage of a mistake does not give rise either to an estoppel or to judicial review.
Western Wreckers Ltd. v. The Comptroller of Customs & Excise
96
LAND
Crown (State) Lands – protected lease – whether Director’s consent must be obtained before commencing legal proceedings – Crown (State) Lands Act (Cap.130) Section 13(1).
61
LAND
Land – drainage easements – whether Plaintiff’s land so encumbered – Land Transfer Act (Cap.131) Section 39(1).
Prince Vyas Lakshman & Veena Devi Lakshman v. The Trustees of Sanatan Dharam & Ors
42
LAND
Land – State land – foreshore – whether island foreshores privately owned – State (Crown) Lands Act (Cap 130) Section 2, 20, 23 (1), 23 (2) & 33.
25
LANDLORD & TENANT
Landlord and Tenant – statutory control of rentals – whether pre-existing agreements subject to new Regulations – whether Regulations ultra vires the Act – Counter Inflation Act (Cap.73) Sections 12 & 13.
153
LOCAL GOVERNMENT
Local Government – Bus Station By-laws – meaning of term “visit” – Lautoka Bus Station Taxi and Lorry Stand By-laws – Cap 125 subs.
112
PRACTICE (CIVIL)
Practice (Civil) – damages – interim award against the state – procedure governing – State Proceedings Act (Cap.24) Sections 15 (1) (a), 20 (1) & 20 (3) – High Court Rules 1988 Order 29 rr.9, 10 & 11.
206
PRACTICE: CIVIL
Practice (Civil) – effect of irregular service of a writ on subsequent application for summary judgment – RHC 10 r 1 (1) and O 14 r 1 (1).
67
PRACTICE: CIVIL
Practice (Civil) – application for summary judgment – whether lack of affidavit in answer fatal to the Defendant – High Court Rules 1988 Order 14.
215
PRACTICE: CIVIL
Practice (Civil) – application for declaratory relief – challenging exercise by a public official of a power derived from statute – whether Originating Summons a permissible procedure.
211
SENTENCE
Sentence – non – reconcilable offences – duty of the Court to take into account de facto reconciliation when imposing sentence – Criminal Procedure Code (Cap.21) Section 163.
110
SENTENCE
Crime – Sentence - manslaughter – death following illegal abortion.
94
TRADE MARKS
Trade Marks – whether proposed trade mark deceptive, contrary to morality and offensive – Trade Marks Act (Cap.240) Ss 8, 10.
20
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