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Fiji Islands - FLR Volume 44 - 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 FIJI1998
VOLUME 44This Volume may be cited as “44 FLR”
EDITOR:
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji_______________________________________________
Published by: The Institute of Justice and Applied Legal Studies
The University of the South Pacific, 2003
ISBN 982-352-048-8
ISSN 1562-4749
©
Michael Dishington Scott
2003
Printed by the Government Printer, Suva, Fiji Islands - 2003
-----------------------------------------------------------
DIGEST AND INDEX
PAGE
ADMINISTRATIVE LAW
Administrative law – public service- applicability of principles of natural justice to disciplinary procedures – Public Service Commission (Constitutional Regulations 1990, Regulations 54)
119
ADMIRALTY
Admiralty – arrest of vessels – Admiralty Marshal's fees – whether mere custody incurs liability for payment – High Court (Admiralty Rules (Cap 13 Subs )
Donald Pickering & Sons Enterprises Ltd & Anr v. Karims Ltd & Ors
161
ADMIRALTY
Admiralty – action in rem – right of arrest whether available when debtor not beneficial owner of the vessel. High Court act (Cap 13) Section 21. Administration of Justice Act (e & W) 1956
102
ADMIRALTY Admiralty - action in rem - right of arrest - whether available when debtor not beneficial owner of the vessel. High Court Act (Cap. 13) Section 21 Administration of Justice Act (E & W) 1956 Wasawasa Fisheries Ltd & Ors v. Karims Ltd & Ors 240
APPEAL
Appeal – whether appeal lies against grant to appellant of extension of time to appeal whether appropriate subject of grant of special leave by the Supreme Court. Court of Appeal Act (Cap 12) Section 35 – Constitution (1990) Section 117 (3).
6
ARBITRATION
Arbitration – stay of proceedings pending adjudication by the arbitrator – no stay to be granted where no defence to all or part of the claim. Arbitration Act (Cap38) Section 5.
215
CONSTITUTION
Constitution – Parliament – whether subject to scrutiny by the High Court whether internal disciplinary proceedings subject to fundamental constitutional rights and freedoms – whether suspension of a member of Parliament constitutional – whether standing orders constitutional. Constitution (1990), Chapter II, Sections 63(1), 63(3), 67(1) – Parliamentary Powers and Privileges Act (Cap 5) Section 28 – High Court Act (Cap 13) Section 22(1).
184
CONSTITUTION
Constitution whether proceedings for contempt of court unconstitutional – Constitution (1990) Sections 13 and 121.
39
CONSTITUTION Constitution – customary law – whether decisions of the Native Lands Commission are subject to judicial review – Constitution (1990) Section 100(4) Ratu Jeremaia Natauniyalo v. The NLC & Ratu Akuila Koroimata 280
CONSTITUTION
Constitution – Presidential Pardon – whether may be coupled with Compulsory Supervision Order. Constitution (1990) Section 99; Prisons Act (Cap 86) Section 65.
The Commissioner of Prisons & The Prerogative of Mercy Commission v. Sivorosi Raikali
205
CONSTITUTION
Constitution – Parliamentary procedure and the powers of the Parliament pendente lite
The State v. The Arbitration Tribunal of Fiji ex parte Ports Authority of Fiji
89
COURTS
Courts – bias – grounds for disqualification of tribunal.
58
COURTS
Courts – contempt of court – nature and ingredients of the offence – whether proceedings for contempt in breach of constitutional right to freedom of expression Constitution (1990) Sections 13 and 121..
39
COURTS
Courts – where the High Court has inherent jurisdiction to award costs arising from interlocutory applications in criminal cases – Criminal Procedure Code (Cap. 21) Section 158 (1).
28
CRIME : PROCEDURE
Crime : procedure – illegal parking – excess charge demand – whether demand notice duly served. Parking Meter (Labasa) Order 1988
286
CRIME : PROCEDURE Crime - procedure - necessity of unrepresented accused of possibly available statutory defence - Penal Code (Cap 7) Section 156 (1)(a) Rishi Ram v The State 52
CRIME : PROCEDURE
Crime – procedure – amending the information – filing a fresh information distinction - between and principles governing – Criminal Procedure Code (Cap 21) Sections 248 and 274 (2).
165
CRIME : PROCEDURE
Crime: procedure – whether DPP's decision to enter nolle prosquei reviewable – Criminal Procedure Code (Cap. 21) Section 71 – Constitution (1990) Sections 96 (4) (c) and 96 (7)..
149
DAMAGES
Damages - assessment of damages for personal injuries of maximum severity
10
DEFAMATION
Defamation – grant of injunction to restrain further publication – principles governing.
145
DEFAMATION Defamation – duty of plaintiff to disclose actual words and circumstances of their utterance. Mahendra Prasad v. The USP & Robin South 272
EVIDENCE
Evidence – undesirability of accepting plea from unrepresented accused when essential ingredients of the offence are unknown to the accused.
55
EVIDENCE Evidence - relevance of criminal conviction to application for summary judgment. Evidence Act (Cap 41) Section 9; High Court Rules (1988) Order 14 rule 1.
Seng Mi Commercial Co. v. John Y. Singh & Co Ltd 248
FAMILY
Family – infant child of unmarried foreign nationals – application for interim custody – principles applicable. High Court Act (Cap 13)
267
FAMILY LAW
Family law – respondent's right to claim ancillary relief where petition dismissed. Matrimonial Causes Act (Cap 51) Sections 86 and 89 (4); Married Women's Property Act (Cap 37) Section 20.
292
INCOME TAX
Income tax – tax concessions – export incentives – commencement date of concessionary periods – Income Tax Act (Cap 201) Section 16(2) (d) and Schedules III and V.
The State v. Minster of Finance ex parte Evercrisp Snack Products (South Seas) Ltd
128
JUDICIAL REVIEW
Judicial Review – practice and procedure – failure to file originating motion within the time limit following grant of leave – application to file out of time – principles applicable High Court Rules 1988: Order 53 rule 5(1)
The State v. The Attorney General ex parte Mikaele Rokosuka Suliano
95
JUDICIAL REVIEW Judicial Review - public service - leave to move for judicial review of departmental transfer. High Court Rules 1988 Order 53 rule 3. The State v. DPP ex parte Andie Maria Agnes Driu 252
JUDICIAL REVIEW
Judicial review – public service – leave to move for judicial review of departmental transfer , High Court Rules 1988 Order 53
222
LAND
Land – illegal and unenforceable contract of sale subsequently approved by the Minister – when liability for stamp duty arises. Stamp Duties Act (Cap 205) Sections 5(2) and 37(1) (b).
Minami Taheiyu Kaihatsu Kabushiki Kaisha v The Attorney General
219
LAND
Land – agricultural landlord and tenants – extension of contract of tenancy by mere fact of continued occupation of the land – Agricultural Landlord and Tenant Act (Cap 270). Section 13 (1)
171
MAGISTRATES' COURT
Magistrates' Courts – commencement and transfer of civil proceedings – principles applicable – Magistrates' – Courts Rules (cap 14 – Subs) Orders XIII Rule 1 (a)
179
LEGAL PRACTITIONERS Legal Practitioners – duties to the Court in the event of "double booking". Dorsami Rao & Ors v. Mariappan Goundar & Ors 82
PRACTICE : CIVIL
Practice : Civil – application for leave to appeal out of time – principles applicable
138
PRACTICE : CIVIL
Practice : Civil – need to avoid multiplicity of proceedings.
Donald Thomas Pickering & Ors v. National Bank of Fiji & Ors
76
PUBLIC SERVICE
Public Service – disciplinary proceedings – interdiction – requirement that proportion of salary to be paid during period of interdiction be properly assessed. Public Service (Constitution) Regulations Regn 42(3)..
196
SENTENCE
Sentence – suspended sentence of imprisonment – whether a suspended sentence may be activated following expiration of the operational period – Criminal Procedure Code (Cap 17) sections 29(1) and 30(1)
1
SENTENCE
Sentence – larceny by the appellant without good character
246
SENTENCE
Sentence – Presidential Pardon – whether may be coupled with Compulsory Supervision Order. Constitution (1990) Section 99; Prisons Act (Cap 86) Section 65.
The Commissioner of Prison & The Prerogative of Mercy Commission v. Sivorosi Raikali
205
SENTENCE
Sentence – forgery and uttering in connection with immigration application – whether discharge without conviction appropriate – Penal Code Section 44.
62
WILLS
Wills and Trusts – compromise of actions by the Public Trustee sanctioned by the Court – whether liable to be set aside – family provisions – how applications to be made. Succession Probate and Administration Act (Cap 60) Sections 8 & 9; Inheritance (Family Provision) Act (Cap 61); Public Trustee Act (Cap 64) Section 6; Trustee Act (Cap 65) Section 65
209
WORDS AND PHRASES Words and phrases – "public officer" whether constitutional definition applicable to the Penal Code – Constitution (1990) Sections 149 and 150; Penal Code (Cap 17) Section 4. Visanti Petero Makarava v. The DPP & Attorney General 222
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