Hotel Bula-Bard Pte Ltd v Mid-West Holdings Pte Ltd [2025] FJCA 68; ABU024.2025 (25 April 2025)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]
CIVIL APPEAL NO. ABU 024 of 2025
[In the High Court at Lautoka Case No. HBC 149 of 2024]

BETWEEN:
HOTEL BULA-BARD PTE LIMITED a private company having its registered office at Lot 12, Wasawasa Road, Nadi, Viti Levu.
Appellant
[Original Defendant]

AND:
MID-WEST HOLDINGS PTE LIMITED a private company having its registered office at Corner Point, Corner of Nadi Back Road, Nadi.
Respondent
[Original Plaintiff]

Coram: Prematilaka, RJA

Counsel: Ms. M. Chowdhury for the Appellants
Absent and unrepresented

Date of Mention: 25 April 2025

Date of Notice of
Discontinuance: 17 April 2025

Date of Ruling: 25 April 2025

RULING IN CHAMBERS

[1] The solicitors for the appellant have filed a notice of discontinuance with no order for cost on 17 April 2025.

[2] This relates to an ex-parte summons by the appellant for stay of the judgment of the Master of the High Court and a restraining order on the respondent from executing the said judgment pending appeal. However, this court so far has not made the summons inter parte and as a result the respondent has not been served with the notice of appeal and the summons for the said orders.

[3] Ms. M. Chowdhury informed court that the reason for the appeal to be discontinued is that the appeal should have been filed in the High Court.

Orders of the Court:

[1] The application by the appellant to withdraw/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 costs.

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

Solicitors:
Neel Shivam Lawyers for the Petitioner
Absent and unrepresented for the Respondent