Tokalau v Suva Bowling Club [2019] FJCA 37; ABU0087.2017 (8 March 2019)

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

CIVIL APPEAL NO. ABU 0087 of 2017
(High Court No. HBM 66 of 2016)

BETWEEN:

SAINIVALATI TOKALAU
Appellant

AND:

SUVA BOWLING CLUB

Respondents

Coram : Lecamwasam, JA
Almeida Guneratne, JA
Jameel, JA

Counsel : Mr S. Valenitabua for the Appellant

Mr M. Nand for the Respondent

Date of Hearing : 15 February, 2019
Date of Judgment : 8 March, 2019

JUDGMENT

Lecamwasam, JA

[1] I agree with the orders proposed by Almeida Guneratne, JA.

Almeida Guneratne, JA

[2] This was an appeal against the Judgment dated 28^th July, 2017 of the High Court of Fiji at Suva.

[3] At the commencement of the hearing, Counsel for the Respondent conceded that the Appeal should be allowed which is an appeal against a judgment upholding a preliminary objection that the application for constitutional redress was time barred.

[4] Counsel for the Appellant submitted that, while he was not moving for costs, the security for costs paid by the Appellant be released to him.

Jameel, JA

[5] I am in total agreement with Guneratne, JA.

Orders of the Court

1. The Appeal is allowed.

2. The Registrar to release the security for costs paid by the Appellant.

3. Parties to bear their own costs.

..........................................................................

Hon. Justice S. Lecamwasam

JUSTICE OF APPEAL

...................................................................................

Hon. Justice Almeida Guneratne

JUSTICE OF APPEAL

...........................................................

Hon. Justice F. Jameel

JUSTICE OF APPEAL