Housing Authority v Pickering [2005] FJHC 628; HBC0191.2003 (26 July 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0191 OF 2003

BETWEEN:

HOUSING AUTHORITY
PLAINTIFF

AND:

JAMES HARRY PICKERING
JACK SYDNEY PICKERING
DEFENDANTS

Mr A. Patel for the Plaintiff
No appearance for the Defendants

Date of Hearing: 26 July 2005
Date of Judgment: 26 July 2005

ORAL JUDGMENT OF FINNIGAN J

I have heard today oral evidence which proves the quantum of the Plaintiff’s claim.

The history of the matter is that on 2o May 2005 the Defendants were directed in the presence of their Counsel to file and serve on the Plaintiff a list of documents and a verifying affidavit within 14 days. In the event of failure their statement of defence was to be struck out and interlocutory judgment entered for the Plaintiff. On 10 June 2005 Counsel appeared for the Plaintiff, there was no appearance for the Defendants, no documents had been filed at all and the statement of defence was struck out with interlocutory judgment entered for the Plaintiff in liability. The hearing for formal proof of the amount claimed was set for today.

Today I heard the evidence of the Plaintiff’s witness and am satisfied that all the ingredients of this claim as set out in paragraphs 1 to 6 of the statement of claim are established and I give the judgment for the Plaintiff in the sum of $35,856.59.

On that judgment I assess costs against the Defendants at $750.00.

D.D. Finnigan
JUDGE

At Lautoka
26 July 2005