Hans v Deo [2024] FJCA 203; ABU055.2020 (8 October 2024)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]
CIVIL APPEAL NO. ABU 055 of 2020

[On Appeal from the High Court of Fiji, Lautoka in the matters of Consolidated Civil Action No. HBC 186 of 2017, Winding Up No.11 of 2017 and HBC 121 of 2018]

HBC 186 of 2017

BETWEEN:
SHAREEN LATA HANS of Lot 17, the Links, Denarau Island, Nadi
Appellant
(Original plaintiff)

AND:
MAHENDRA DEO of Lot 27 Fairway Palms, Denarau Island, Nadi.
Respondent
(Original defendant)

WINDING UP No. 11 of 2017

BETWEEN:
IN THE MATTER OF PACIFIC WEST BUILDERS LTD a limited liability company having its registered office at Lot 9, Subdivision, Namaka Lane, Namaka, Nadi.

AND:
IN THE MATTER OF A WINDING UP APPLICATION UNDER COMPANIES ACT 2015

AND
SHAREEN LATA HANS AKA SHAREEN LATA DEO of Lot 17, the Links, Denarau Island, Nadi.

CIVIL ACTION No. HBC 121 of 2018

BETWEEN:
SHAREEN LATA HANS of Lot 17, the Links, Denarau Island, Nadi
Appellant
(Original defendant)

AND:
MAHENDRA DEO of Lot 27 Fairway Palms, Denarau Island, Nadi.
Respondent
(Original plaintiff)

Coram: Prematilaka, RJA
Counsel: Mr. M. Saneem for the Appellant
Ms. T. Veiroba for the Respondent

Date of Mention: 08 October 2024
Date of Ruling: 08 October 2024

RULING IN CHAMBERS.

Whereas the solicitors for both parties have filed a joint Notice of Discontinuance of the Appeal on 02 October 2024 with no order for cost, the court makes the following orders.

Orders of the Court:

1. Appellant’s (Shareen Lata Hans) application to discontinue the appeal is allowed.
2. Appeal is accordingly dismissed in terms of section 20(1)(h) of the Court of Appeal Act.
3. No order as to costs.
   

The Hon. Mr. Justice C. Prematilaka
RESIDENT JUSTICE OF APPEAL

Solicitors:
R. Patel Lawyers for the Appellant
Redwood Lawyers for the Respondent