Fiji Forest Industries Ltd v Native Land Trust Board [2004] FJHC 180; HBC0013.2004 (1 March 2004)

IN THE HIGH COURT OF FIJI
AT LABASA

CIVIL ACTION NO. HBC0013 OF 2004

BETWEEN:

FIJI FOREST INDUSTRIES LTD
PLAINTIFF

AND:

1. THE NATIVE LAND TRUST BOARD
2. THE CONSERVATOR OF FORESTS
3. THE DIVISIONAL FOREST OFFICER, NORTHERN
4. THE ATTORNEY-GENERAL OF FIJI
DEFENDANTS

COUNSEL:
HEARING:

MINUTE

This matter came before me for mention on the 25th of Mach.

The mention converted into a mini pre-trial conference with counsel.

A number of issues were raised including an indicated motion by counsel for the 2nd, 3rd and 4th defendants (the State). He was concerned that the injunction application was statute barred by section 15 of the Crown Proceedings Act. He initially sort a ruling on that matter but retired to consult with plaintiff’s counsel. After their consultation and at resumption of the conference it was thought best that the plaintiff take further instructions and that if necessary State counsel have the opportunity to make a formal application at a later time.

As the first four defendants have all of their offices in Suva and as the fifth defendant (who has been served) made no appearance today and with the plaintiff’s consent it seems appropriate that this matter be re-transferred to the Suva registry and assigned to my chambers for completion. I order that transfer accordingly.

There was an agreed timetable between counsel to bring this matter back before me for injunctive relief hearing or further telephone conferences required. That timetable is as follows:-

Date	Action
8 April	Defendants respond to the injunction application and/or granted leave to file such further application as they deem necessary.
8 April	Plaintiff granted leave to file and serve additional aerial or survey plans and brief affidavit addressing the issue of whether or not the forestry compartment has been “logged out”.
15 April	Plaintiff granted leave to reply to any additional material filed by the defendants.
15 April	Defendants granted leave to reply to any additional material filed by the plaintiff on the “logging out” issue.
16 April	Hearing of the matter in Suva commencing 2:15 p.m. Written submissions and authority to be filed in the Suva High Court registry by 10:00 a.m.

NOTE

Counsel have leave to convert this hearing into a further pre-trial telephone conference if they agree it would be inappropriate to proceed with injunctive relief hearing.

Gerard Winter
Judge

At Labasa
.....March 2004