Native Land Trust Board v BW Holdings Ltd [2010] FJHC 415; HBC259.2006 (4 August 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 259 of 2006

BETWEEN:

NATIVE LAND TRUST BOARD
a body corporate duly constituted under the Native Land Trust Act, Cap 134 of 431,
Victoria Parade, Suva, Fiji
Plaintiff

AND:

B.W. HOLDINGS LIMITED
a limited liability company with its registered office
at Vishnu Deo Road, Nakasi
Defendant

COURT ORDERS:

Name of plaintiff and defendant called out in open court and outside court, except for the two counsels for plaintiff and defendant, no other representative or witness appeared in court.

Counsel advised to submit in writing the settlement in progress for court to consider adjournment under Order 35, Rule 3, otherwise trial. Adjourned for 45 minutes and to resume at 11.45am.

Resumed court at 11.15am.

Plaintiff's counsel seeks time until 2.00pm to submit the details and parameters of the settlement to court as previously undertaken to do. Counsel seeks time until 2.00pm today (See also Case No 235/2006).

Adjourned at 11.35pm to resume at 2.00pm today.

Resumes at 2.20pm.

Parties submit the terms of Settlement and move that judgment be entered incorporating the said terms in favour of the plaintiff.

As such, judgment to be entered incorporating the said terms of settlement dated 4 August 2010 tendered to court. As such, plaintiff undertakes to tender order on judgment to be sealed within two weeks and as such, I enter judgment incorporating the terms of 4 August 2010 without costs in favour of the plaintiff.

Sgd
Y I Fernando
JUDGE

At Lautoka
4 August 2010