Civil Aviation Authority of Fiji Islands v Nawaikabakaba [2010] FJHC 351; HBC166.2010 (19 August 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 166 of 2010

BETWEEN:

CIVIL AVIATION AUTHORITY OF FIJI ISLANDS
a body corporate duly incorporated under the Civil Aviation Act, Cap 174A. .
Plaintiff

AND:

MALAKAI MATAGASAU NAWAIKABAKABA
also known as MALAKAI NAWAI
of Quarters No 198, Old Town, CAAFI Compound, Nadi Airport
Defendant

COURT ORDERS:

In supporting the application by ex-parte Notice of Motion for reliefs (a), (b) and (c). Mr Singh submits that the defendant being a person who is traceable in his line of employment, he is not seeking relief (d) which is a Writ Ne Exeat Civitate. The defendant had entered into a bond which is marked as an exhibit and there is correspondence to show that the defendant is not contesting the bond as such.

On a balance of convenience if the defendant is arrested on Writ Ne Exeat Civitate then the defendant would lose all prospects of employment any where in the world and whereas the plaintiff would be losing only $76,500.00. Therefore Mr Singh is right in not seeking this relief as on a balance of convenience, court would not be inclined to issue such an order in this case as it would destroy the defendant and his career almost certainly.

However, relief (a), (b) and even (c) will not cause as much harm to the defendant in that the defendant can after providing unencumbered assets to satisfy the debt proceed legitimately, without hindrance to his freedom of movement to which he has a right.

Therefore, subject to the undertaking given at paragraph 24 of the affidavit of Mr Kumar, and being of a Government Statutory body, I issue relief (a), (b) and (c) in the ex-parte Notice of Motion dated 19 August 2010. I further order that the order with all documents be served today if possible or at least by tomorrow.

It is at this point, pointed out to plaintiff's counsel to find out whether there is a reciprocal enforcement of judgments and orders with PNG where the defendant is seeking to take up employment.

The aforesaid orders in (a), (b) and (c) of the ex-parte notice of motion is issued for a period of 14 days.

Serve orders and paper returnable on 23 August 2010 at 10.00am.

Sgd
Y I Fernando
JUDGE

At Lautoka
19 August 2010