Uluinaceva v Public Service Commission [2008] FJHC 427; Civil Action 535 of 2008 (18 July 2008)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION No. 535 of 2008

BETWEEN:

PAULA ULUINACEVA
of 37 Vinod Karsanji Road, Vatuwaqa, Suva
PLAINTIFF

AND:

THE PUBLIC SERVICE COMMISSION
an interim service commission continued in existence
under section 142(c) of the Constitution
FIRST DEFENDANT

AND:

INTERIM PRIME MINISTER
in his capacity as interim Prime
Minister and chairperson of Cabinet.
SECOND DEFENDANT

INTERIM MINISTER OF PUBLIC SERVICE
also responsible for the Public Service Commission

INTERIM ATTORNEY-GENERAL
FOURTH DEFENDANT

Appearances:
Mr Q. Bale for the Plaintiff
Mr E. Tuiloma with Ms S. Waqianabete and Ms S. Serulagilagi for the Defendants

Date of Hearing: 17 July 2008
Date of Orders: 18 July 2008

Orders

1. The Defendants/Applicants' application for this proceeding to be consolidated with five other proceedings, namely HBC Action No. 468 of 2007, HBC Action No. 297 of 2007, HBC Action No. 534 of 2007, HBC Action No. 438 of 2007 and HBC Action No. 406 of 2007 is granted, subject to Order 3.

2. All six matters to be listed for mention before me on Monday 21 July 2008 at 11.30am.

3. On that day:

• a determination will be made as to consolidation of the proceedings as six proceedings to be advanced simultaneously, or as two sets of three proceedings fixed by reference to the party authorizing the termination of the respective Plaintiffs' contracts;
• a timetable will be set for the speedy finalisation of all outstanding steps in relation to all six proceedings, so that the actions can proceed to hearing in as speedy and orderly manner as possible;
• a determination will be made as to the vacation or otherwise of the listing of this proceeding before the Master on 4 August 2008.

4. Reasons for judgment, including judgment in respect of the application for a stay pending the judgment of the High Court in with the matters Laisenia Qarase, Ratu Naiqama Lalabalavu, Ro Teimumu Kepa, Ratu Suliana Matanitobua, Aid Sivia Qoro and Josefa Vosanibola; and Ratu Apenisa Kalokalo Loki and Peceli Kinivuwai v. Josaia Voreque Bainimarama, The Republic of Fiji Military Forces, The State of the Republic of the Fiji Islands and the Attorney General of the Interim Regime (HC. Action No. 60 of 2007S) (Qarase case) and Republic of the Fiji Islands and Attorney-General v. Laisenia Qarase, presently of Mavana Village, Vanuabalavu, Lau, former Prime Minister and Josefa Vosanibola, former Minister for Horne Affairs HCCA No. 398 of 2007S) (Republic and A-G v. Qarase and Vosanibola) will be delivered on that day (Monday 21 July 2008 at 11.30am).

Jocelynne A. Scutt
Judge

Suva
18 July 2008