Cavuilati v Verevakawalu [2001] FJHC 208; HBC0489D.2000S (4 July 2001)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. 489 OF 2000

Between:

ADI SALOTE CAKOBAU CAVUILATI
Plaintiff

And:

SAMUELA VEREVAKAWALU

a.k.a. SAMUELA CAVUILATI

MILIKA TAGI VEREVAKAWALU

a.k.a. MILIKA TAGI CAVUILATI
Defendants

Mr. S.R. Valenitabua for Plaintiff
Mr. Eroni Veretawatini for Defendants

DECISION

By Summons dated 4 April 2001 the Plaintiff through her counsel is seeking the following Order:

Counsel for the Defendants pays forthwith into this Honourable Court the sum of US$5,000.00 (Five Thousand Dollars - US Currency) or any like sum paid to the said Counsel by the Defendants and/or their Agents as per the terms of the Bonds executed by Ms. Lusiana Tokalau and Ms. Sereana Tuilovoni on the 6th day of November, 2000 and filed in this Honourable Court on the same date.

Background

On 30th October 2000 I made an order as follows:

That a Writ Ne Exeat Civitate be issued forthwith against the Defendants/ Respondents commanding the Sheriff of Fiji in the President’s name to arrest the Defendants and convey them to a Judge of this Honourable Court UNLESS they shall deposit the sum of US$5,000.00 or surrender their Passports to this Honourable Court and/or give some other Security satisfactory to the Plaintiff that they will not go out of the Republic of Fiji without leave of this Honourable Court.

On 7 November 2000 that Order was vacated by consent after the defendants had filed in Court bonds by sureties Sereana Tuilovuni c/- Ministry of Primary Industries, Raiwaqa, civil servant and Luisana Tokalau c/- B.P. Oil, 7th Floor Vanua House, Administrative Officer.

The Bond was for the sum of US $5000.00 for the vacation of the said Order of 30 October and to allow the defendants to travel to the United States of America and bound themselves unto the Chief Registrar of the High Court of Fiji in the sum of $US5000.00 as sureties; ‘condition of this obligation is such that the defendants whether jointly or severally within 28 days from the date of their departure from Fiji shall pay into the High Court of Fiji the sum of US$5000.00 as security in this case’.

Further ‘the failure by the Defendants to make payment of US$5000.00 as aforesaid to the High Court of Fiji within the said 28 days the sureties abovenamed shall pay the said sum of US$5000.00 to the High Court of Fiji forthwith’.

The issue

It is the plaintiff’s contention that the surety Lusiana Tokalau paid the sum of F$10,000 to the defendant’s solicitor Mr. Eroni Veretawatini to be paid into Court in terms of the said Bond.

The sum has not been paid into Court by the solicitor as required under the Bond. Ms. Tokalau confirms the payment to the Solicitor; copies of receipts have been tendered to Court.

The Plaintiff says that this amount should be paid into Court by the solicitor. The issue therefore is whether it should be paid or not as argued.

Determination of the issue

While considering the issue, I have read the affidavits filed by both counsel and also listened to their oral submissions.

In fact the matter is too plain for argument. There is nothing to argue about and yet Mr. Eroni Veretawatini (the solicitor) persisted in resisting the plaintiff’s application.

It is abundantly clear from the receipts issued by the solicitor in the name of the defendants that the money paid to him is trust money although paid by Luisana Tokalau; it is paid to him under the Bond herein. This sum should rightly be deposited into Court as ordered.

I see no merit in the submission made by Mr. Eroni Veretawatini. For the above reasons it is ordered that the sum of F$10,000.00 held by the solicitor in his Trust account [per receipt number 0339 for F$5000.00 dated 7.12.2000 and Receipt No. 0372 for F$5000.00 dated 7.11.2000] be paid into Court within 5 days.

I also award costs against the solicitor in the sum of $200.00 to be paid personally by him. I hope counsel behave more responsibly in future and not argue merely for the sake of arguing as Court’s time is precious.

D. Pathik
Judge

At Suva
4 July 2001