Ravudra v Nagata [2010] FJHC 157; HBC022.2010L (7 May 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No: HBC 22 of 2010L

BETWEEN:

ALIPATE TORA RAVUDRA
1st Plaintiff

AND:

MEREWALESI LEWATU
2nd Plaintiff

AND:

PENI NAGATA and APAKUKI VURABERE
1st Defendants

AND:

NATIVE LAND TRUST BOARD
2nd Defendant

AND:

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
3rd Defendant

INTERLOCUTORY JUDGMENT

Judgment of: Inoke J.

Counsel Appearing: Mr Kitione Vuataki for the Plaintiffs
Mr S Nacolawa for the 1st Defendants
Ms L Macedru for the 2nd Defendant

Solicitors: Vuataki Law for the Plaintiffs
Nacolawa & Co. for the 1st Defendants
Legal Dept. NLTB for the 2nd Defendant

Date of Hearing: 7 May 2010
Date of Judgment: 7 May 2010

INTRODUCTION

[1] This is a dispute over the distribution of lease monies received on behalf of Mataqali Vunasaqalo by the Native Lands Trust Board and paid into the ANZ Bank. The Plaintiffs allege that the Defendants in breach of trust distributed lease monies in unequal shares and deprived them of their lawful entitlements. The dispute has been on going since 2004.

[2] The main objection by the Plaintiffs was that distributions were made to the Methodist Church ($5,000) and the Vanua before the Plaintiffs got their share. The Plaintiffs are not members of the Methodist Church.

[3] This judgment is for interim relief to restrain further distributions pending the determination of the dispute.

THE APPLICATION

[4] The Writ of Summons was filed on 11 February 2010. On 16 February 2010, the Plaintiffs filed an application by Summons for interim orders as follows:

1. That the First Defendants be restrained by themselves, their servants and or agents from withdrawing any funds of Mataqali Vunasaqalo from any bank account kept with the Third Nominal Defendant and or any Bank whatsoever until further order.

2. That the Second Defendant be restrained by itself, its servants and or agents from paying any income from the lands of Mataqali Vunasaqalo to the First Defendants and or any account operated by them until further order.

3. That the Third Nominal Defendant is restrained by itself, its servants and or agents or however from releasing any funds on the signature of First Defendants from the Account Number 3660113 in the name and style of Mataqali Vunasaqalo Natuamudu until further order.

4. That the First Defendant render audited accounts of their administration of Mataqali Vunasaqalo land income from Native Land Trust Board within thirty days of order.

THE HEARING

[5] In the course of his submissions, I indicated to Mr Vuataki, counsel for the Plaintiffs, that I might have some difficulty in granting the orders in paragraphs 1 to 3 of the Summons because if this was the only source of income for the Defendants, how were they to survive pending the hearing of this action. It could take a year before this matter goes to trial.

[6] He indicated that his clients were quite willing to allow the lease monies to be equally distributed before deductions for the Methodist Church and the Vanua.

[7] I indicated that it seems that this case could be resolved by the taking of accounts should the action go to trial. Any payments made now on an equal basis before deduction for other distributions could be readjusted after judgment.

[8] Mr Nacolawa indicated that his clients might be agreeable to interim distribution on the basis suggested by the Court and Mr Vuataki so on that basis I adjourned the hearing of the application for Mr Vuataki and Mr Nacolawa to get instructions and draw up the interim terms of settlement.

CONSENT ORDERS

[9] I am grateful for counsels assistance in coming up with an interim settlement which they had written up and signed and handed up to form the interim orders to be made in this application.

ORDERS

[10] The Orders are therefore as follows:

1. By consent, orders are as per the Terms of Settlement signed by counsel for the Plaintiffs and counsel for the First Defendant and handed up on 7 May 2010.

Sosefo Inoke
Judge