Gosai Transport Ltd v Shell Fiji Ltd [2002] FJCA 60; ABU0019U.99S (31 May 2002)

IN THE COURT OF APPEAL, FIJI ISLANDS
ON APPEAL FROM THE HIGH COURT OF FIJI

CIVIL APPEAL NO. ABU0019 OF 1999S
(High Court Civil Action No. HBC282 of 2001L)

BETWEEN:

GOSAI TRANSPORT LIMITED
Appellant

AND:

SHELL FIJI LIMITED
Respondent

Coram: Sheppard JA, Presiding Judge
Tompkins, JA
Smellie, JA

Hearing: Tuesday, 28 May 2002, Suva

Counsel: Mr. A. K. Singh for the Appellant
Mr. I. Fa for the Respondent

Date of Judgment: Friday, 31 May 2002

JUDGMENT OF THE COURT

After debating the matter with the Court the position was reached where the Counsel for the Respondent was prepared to consent to certain orders. As a consequence the Court Orders by consent.

1. The appeal is allowed

2. The Winding Up order in the High Court is set aside.

On the issue of costs, however, there was no agreement. The Court has a clear view on costs and Orders as follows:

(i) On the Winding Up Petition in the High Court each party shall bear its own costs.

(ii) On the application before Madam Justice Shameem the Appellant company shall have costs of $150.

(iii) On this appeal the appellant shall have costs of $750.00 plus filing fees and reasonable disbursements as fixed by the Registrar.

Sheppard JA, Presiding Judge
Tompkins, JA
Smellie, JA

Solicitors:

Messrs Iqbal Khan and Associates, Lautoka for the Appellant
Messrs. Fa and Associates, Suva for the Respondent