Hedge v Ra Timber Ltd [2003] FJHC 255; HBC0074d.2002b (16 May 2003)

IN THE HIGH COURT OF FIJI
AT LABASA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0074 OF 2002

Between:

GEOFF HEDGE and GRAEME HEDGE
Plaintiffs

and

RA TIMBA LIMITED
Defendant

Mr.A. Kohli for the Plaintiffs
Mr. J. Savou for the Defendant

DECISION

This is the defendant’s motion for the transfer of the action from the High Court at Labasa to the High Court at Suva. It is opposed by the plaintiffs.

The ground stated for transfer is that the defendant company has its principal place of business and its registered office at Suva.

The plaintiffs in opposition say that the dealings between the parties were conducted in Labasa, registered office of the plaintiffs’ company is in Labasa and that it is more convenient and less expensive to have the action tried in Labasa.

This application is to be considered in the light of the provisions of Order 4 rule 1(1) and (4) of the High Court Rules 1988 which provides:

r1 (1) Proceedings must ordinarily be commenced in the High Court registry located in the Division in which the cause of action arises.

(2) .........
(3) .........

(4) Any action commenced in the High Court may be transferred by the Court from one High Court registry to another or to a Magistrate’s Court.

This action has been rightly commenced in Labasa as the ‘cause of action’ arose there.

As far as the transfer of the action is concerned for the reasons advanced in opposition to it by the plaintiffs, in the exercise of Court’s discretion, the application has to be refused.

The motion is therefore dismissed with costs to plaintiffs’ solicitors in the sum of $150.00.

D. Pathik
Judge

At Suva
16 May 2003