Prasad v Goundar [1997] FJHC 9; Hbc0205d.96s (22 January 1997)

Fiji Islands - Prasad v Goundar - Pacific Law Materials

IN THE HIGH COURT OF FIJI

(AT SUVA)

CIVIL ACTION NO. 205 OFS

BETWEEN:

RAJENDRA PRASAD
man">Plaintiff

AND:

KRISHNA SAMI GOUNDARDefendant

S.K. Ram for the Plaintiff
R. Naidu for the Defendanan>

DECISION

There are two applications for the Court. The first is for summary judgment brought underprovisions of RHC 014 R1 anR1 and filed on 12 July 1996. The second is an application brought pursuant to the provisions of Section 5 of the Arbitration Act (Cap. 38) filed on 13 August 1996.

Both Counsel have filed comprehensive and helpful written submissions.n>

Consig all the papers before me I am satisfied that the sum owed arises from a varied building cing contract which contains an arbitration clause. The first question therefore is whether the respondent's cross application dated 13 August should be granted. If this application is successful then the whole Action would be referred to arbitration unless the sum claimed could somehow be distinguished from the balance in dispute.

Mr. Ram advanced a strong argument to show that whatever else might be in dispute the $28,000 y could not be argued againagainst. After consideration however I do not think I can or should pick and choose between different aspects of the total dispute as pleaded and neither should I assess the strength or weakness of the parties' cases.

In these circumst I am satisfied that I should stay the proceedings in this Court under the provisions of Seof Section 5 of the Arbitration Act. The application under Order 14 accordingly does not fall to be considered.

M.D. Scott
JUDGE

22 Jy 1997

Hbc205d.96s