Vivek Investment PTE Ltd v Midwest Properties Ltd [2019] FJCA 45; ABU81.2017 (8 March 2019)

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

CIVIL APPEAL NO. ABU 81 OF 2017
(High Court Civil Action HBA No: 7 of 2017 at Lautoka)

BETWEEN:

VIVEK INVESTMENT PTE LIMITED
Appellant

AND:

MIDWEST PROPERTIES LIMITED
Respondent

Coram : Lecamwasam JA

Almeida Guneratne JA

Jameel JA

Counsel: Mr R Vananalagi for the Appellant

Ms S Nayacalevu for the Respondent

Date of Hearing: 19 February 2019
Date of Ruling : 8 March 2019

RULING

Lecamwasam JA

[1] This is an appeal filed by the appellant on ten grounds of appeal. When the matter came up for argument before the Court of Appeal, parties filed a joint consent motion dated 18 February 2019, parties have agreed as follows:

1. The Appellant would not proceed with the order of the High Court dated 7 July 2017, ordering the winding up of the Appellant and the appointment of the liquidator;
2. The Respondent withdraws the application for striking out the application for winding up.
   

[3] Accordingly, the court makes the following orders:

(i) Appeal is dismissed subject to the aforesaid agreement.
(ii) Parties to bear their own costs.

Guneratne JA

[4] I agree with the orders proposed by Lecamwasam JA.

Jameel JA

[5] I agree with the orders proposed by Lecamwasam JA.

_______________________________
Hon. Justice S Lecamwasam
JUSTICE OF APPEAL

_______________________________
Hon. Justice Almeida-Guneratne
JUSTICE OF APPEAL

_______________________________
Hon. Justice F Jameel
JUSTICE OF APPEAL