Bhuller v Vitilevu Construction (Fiji) Ltd [2005] FJHC 634; HBC0387.2003 (15 July 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0387 OF 2003

BETWEEN:

MANZOOR BHULLER
PLAINTIFF

AND:

VITILEVU CONSTRUCTION [FIJI] LIMITED
1ST DEFENDANT

MOHAMMED ALIM BEGG
2ND DEFENDANT

Mr Singh for the Plaintiff
Mr Nandan for the Defendants

Date of Hearing: 3 June 2005
Dates of Submissions: 17 June, 1 July, 8 July 2005
Date of Ruling: 15 July 2005

RULING OF FINNIGAN J

I have been asked to decide the Defendant’s application to strike out the statement of claim. The grounds are that the Defendant did not file a statement of defence within the time stipulated in the High Court Rules and that the Indorsement of Claims in the Writ of Summons discloses no reasonable cause of action.

The Plaintiff obtained interim ex-parte relief on the day he filed this action [17 November 2003]. Since then some affidavits have been filed, and this application. The matter has been adjourned several times. It came before on 3 June 2005, Plaintiff’s Counsel advised the Plaintiff wishes to proceed with the action and Defendant’s Counsel sought a hearing of this striking out application. I programmed submissions on the dates set out above and now issue my written ruling.

No submissions have been filed, which is understandable. From the Defendant’s affidavits in support there is very little merit in the application. The Counsel are now aware that the Court will rarely strike out an action and then only for sound principled reasons. The Indorsement of Claims in the Writ of Summons [17 November 2003] were superseded by the statement of claim filed on 2 December 2003, which states a triable course of action. The application to dismiss is refused.

Costs follow the event, are awarded to the Plaintiff at $200.00.

D.D. Finnigan
JUDGE

At Lautoka
15 July 2005