Fiji Sugar and General Workers Union v Coral Sun Ltd - ruling on transfer [2004] FJHC 369; HBC0019.2004L (11 February 2004)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0019 OF 2004L

BETWEEN:

FIJI SUGAR AND GENERAL WORKERS UNION
Plaintiff

AND:

CORAL SUN LIMITED
a limited liability company having its registered office at 3 Industrial Road, Nadi
Defendant

Counsel for the Plaintiff: Mr. K. Vuataki with Mr. V. Naidu
Counsel for the Defendant: Mr G.P. Shankar

Date of Hearing & Judgment: 11 February 2004

EXTEMPORE JUDGMENT

Application

This matter comes before the Court by way of a Summons seeking to transfer these proceedings to the High Court at Suva. The dominant basis for transfer is that Action No. 430 of 2003 Lautoka was “transferred” to Suva in December 2003.

In this matter I have read the affidavits filed by the parties with respect of the transfer and I have heard counsel for both parties and I have made inquiries at the registry at Suva where the Senior Court Officer, Mr. C.D. Singh perused the file and advised me that the file contained no Order transferring Action No. 430 of 2003 Lautoka to Suva and that it therefore remains a Lautoka file and will return to this court for hearing. The file was remitted to the High Court at Suva for the hearing of a Notice of Motion only as there was no Judge available at this court at that time.

The material before me and the submissions made in this matter, shows that the parties and the witnesses in this matter reside in the Western Division and clearly the cause of action arose in this division. Whilst I acknowledge that there are Judicial Review proceedings that may or may not proceed and if they do that those proceedings have been filed in the High Court at Suva. Those proceedings are in a category quite separate from proceedings No. 430 of 2003 and the present proceedings.

For the reasons that I have given, I therefore decline to transfer this matter to Suva and I dismiss the Summons.

JOHN CONNORS
JUDGE

AT LAUTOKA
11 FEBRUARY 2004