Tawake v Fiji Air Ltd - post-script [1996] FJHC 166; Hbc0058p.95s (6 December 1996)

IN THE HIGH COURT OF FIJI
At Suva
Civil Jurisdiction

CIVIL ACTION NO. 0058 OF 1995

Between:

SERA QALO TAWAKE
Plaintiff

- and -

1. FIJI AIR LIMITED
2. USMAN ALI
Defendants

-----------------------------------------------

CIVIL ACTION NO. 0059 OF 1995

Between:

A TEAM CORPORATION LIMITED
Plaintiff

- and -

1. FIJI AIR LIMITED
2. USMAN ALI
Defendants

Mr. S. C. Maharaj for the Plaintiffs
Mr. J. Howard for Fiji Air
Dr. M.S. Sahu Khan for Usman Ali

POST-SCRIPT

It has been brought to my attention since delivery of the ruling in the above matter that by an amendment to the High Court Rules 1988 set out in Legal Notice 67 of 1993, Order 32 r.9 was amended by the addition of a new sub-paragraph (o) which expressly empowers the Registrar to grant:

"leave to serve a writ out of the jurisdiction."

The amendment does not in anyway detract from my reasoning in the above-mentioned ruling and indeed serves in my view, to reinforce it in providing a complete answer to defence counsel's "ultra vires argument".

(D.V. Fatiaki)
JUDGE

At Suva,
6th December, 1996.

HBC0058P.95S