Chand v Wing Investments Ltd [2005] FJHC 596; HBC0117.2005 (5 August 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0117 OF 2005

BETWEEN:

RAKESH CHAND
PLAINTIFF

AND:

WING INVESTMENTS LIMITED
DEFENDANT

Mr M K Sahu Khan for the Plaintiff
Mr S. Krishna for the Defendant

Date of Hearing: 17 June 2005
Dates for Affidavits: 1 July, 22 July and 29 July 2005
Date of Ruling: 05 August 2005

DETERMINATION OF FINNIGAN J

Counsel appeared before me on 17 June 2005. Counsel for the Defendant advised that the substantive relief of vacant possession had been surrendered by the Defendant. Counsel for the Plaintiff advised that the only issue between the parties is costs. He said the Defendants had taken one year to move out of the Plaintiff’s premises. I left open determination of the substantive matter while Counsel litigated or negotiated costs. I fixed times for filing affidavits so that I could determine the issue if necessary.

The time has now expired and Counsel for the Defendant has asked that the application for costs be struck out.

I now issue this final determination and declare that the initial summons is struck out. Counsel can negotiate costs if they wish, I make no order.

D.D. Finnigan
JUDGE

At Lautoka
05 August 2005