New Zealand Pacific Training Center v Taj Manufacturers and Contractors Ltd [2011] FJCA 10; AAU0025.2010 (17 February 2011)

IN THE COURT OF APPEAL, FIJI ISLANDS

Civil Appeal No. AAU0025 of 2010
(High Court Civil Action No.125 of 2010L)

BETWEEN:

NEW ZEALAND PACIFIC TRAINING CENTRE / MELBOURNE PLACE LIMITED
Appellant

AND:

TAJ MANUFACTURERS AND CONTRACTORS LIMITED
Respondent

Date of Hearing: Tuesday, 12th October 2010

Counsel: Mr S Maharaj for the Appellant
Mr H Nagin for the Respondent

Date of Ruling: Thursday, 17th February 2011

RULING

1. An earlier appeal was filed but the appellant omitted certain steps re security for costs and omitted to serve the Notice of Appeal. As a result it was deemed to be abandoned on 2nd August 2010. The appeal number of the abandoned appeal is ABU 0021 of 2010.
   
2. The appellant filed a new appeal number ABU 25 of 2010 on 2nd August 2010. This time there was an application for security for costs under Rule 17. The Registrar referred to the Acting President for instructions but prior to retirement the matter was not resolved or made the subject of instructions. On 9th September 2010 it was referred to me.
   
3. Since the jurisdiction lies with the Registrar I cannot make an order for security for costs; I can however direct the Registrar to fix security for costs in the sum of $1,500.
   

Order

(1) I direct the Acting Chief Registrar to order that the Appellant should pay security for costs in the sum of $1,500 which sum should be paid within 28 days.

William R. Marshall
Resident Justice of Appeal