Waqabaca v Attorney-General of Fiji [1996] FJHC 170; Hbc0060o.93s (23 December 1996)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. 60 OF 1993

Between:

TEVITA TABUA WAQABACA
Plaintiff

and

THE ATTORNEY GENERAL OF FIJI
Defendant

Mr. H.A. Shah for the Plaintiff
Mr. S. Baiju for the Attorney General

INTERIM ORDER
FOR PAYMENT OF DAMAGES

The judgment in this action was delivered on 31 January 1996 in favour of the Plaintiff in which the Court held that the second-defendant was liable for damages suffered by the minor but the action against the first defendant was dismissed. I ordered that damages are to be assessed unless settled with costs to be taxed if not agreed.

I am told today that on 20 March 1996 there was a payment of the sum of $40,000.00 to JOSAIA M WAQABACA the father of the minor as part-payment towards damages.

Since the parties did not agree to the final figure for damages the hearing of assessment of damages took place before me on 16 May 1996.

To guide me in my assessment of damages I obtained an Australian case by mail from Australia.

Since I would need further time for assessment, I decided to call counsel and hear them on a further interim order for payment of damages.

Having heard counsel I make the following order:

ORDER

UPON HEARING counsel for the Plaintiff and counsel for the Attorney-General IT IS ORDERED that a further sum of $60,000.00 (SIXTY THOUSAND DOLLARS) (as $40,000.00 was previously paid to the minor's father through Mr. H.A. Shah on 20 March 1996) being interim payment as damages be paid immediately by the Attorney-General of Fiji into Court and which said sum the Court will pay out to the Public Trustee of Fiji in trust for the care and maintenance of the minor TEVITA TABUA WAQABACA with a direction to the Public Trustee to invest on interest bearing account such sum as is not immediately required for the said minor AND IT IS FURTHER ORDERED that the Public Trustee shall disburse in his absolute discretion such sums of money to the minor's parents for the minor's care and maintenance and matters incidental thereto which the Public Trustee in his absolute discretion shall deem fit until further order of this Court. LIBERTY is reserved to all parties including the Public Trustee to apply generally.

D. Pathik
Judge

At Suva
23 December 1996

HBC0060O.93S