Abbco Builders Ltd v Star Printery Ltd -Supplementary Judgment [2017] FJCA 125; ABU0087.2015 (16 October 2017)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court of Fiji]

CIVIL APPEAL NO: ABU 0087 OF 2015
[High Court Civil Action No: HBC 153 of 2012)

BETWEEN:

ABBCO BUILDERS LIMITED
Appellant

AND:

STAR PRINTERY LIMITED
Respondent

Coram :Basnayake JA
Prematilaka JA
Jameel JA

Counsel: Mr B.C. Patel for the Appellant
Mr R A Singh for the Respondent

Date of Hearing: 17 August 2017
Date of Supplementary Judgment: 16 October 2017

SUPPLEMENTARY JUDGMENT

Basnayake JA
[1] I agree with the amendments proposed in the Supplementary Judgment of Jameel JA.

Prematilaka JA

[2] I have read in draft the Supplementary Judgment of Jameel JA and agree with the proposed changes in several paragraphs of the body of the Judgment delivered on 14 September 2017 and Order 2 of the Orders of Court thereof.

Jameel JA

[3] This shall be supplementary to the Judgment dated 14 September 2017, (‘the said judgment’) whereby this court inter alia awarded the Appellant pre-judgment interest from 3 March 2011 to 5 November 2015, at the rate of 3% per annum of the sum of $155,882.71 and treated as part and parcel of the said judgment.

[4] Certain errors in the said judgment have been brought to the attention of this court, and having considered the same, I am of the view that accordingly the judgment dated 14 September 2017 should stand amended as follows.

[5] I would delete from paragraph [3] of the said judgment the figures ‘$1,555,882.71’ and insert in lieu thereof the figures ‘$155,882.71’.

[6] I would delete from paragraph [24] of the said judgment the word ‘Respondent’ and insert in lieu thereof the word ‘Appellant’.

[7] I would delete from paragraph [65] of the said judgment the figures ‘$11,433.00’ and insert in lieu thereof the figures ‘$21,848.82’.

[8] I would delete from paragraphs [66] and [71] of the said judgment the figures ‘$17,149.00’ and insert in lieu thereof the figures ‘$21,848.82’.

[9] I would delete from Order 2 of the Orders of Court of the said judgment the figures ‘$17,149.00’ and insert in lieu thereof the figures ‘$21,848.82’.

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Hon. Mr. Justice E. Basnayake

JUSTICE OF APPEAL

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Hon. Mr. Justice C. Prematilaka

JUSTICE OF APPEAL

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Hon. Madam Justice F. Jameel

JUSTICE OF APPEAL