Atika v Iqbal [2014] FJHC 535; HBC213.2011 (21 July 2014)

IN THE HIGH COURT OF THE REPUBLIC OF FIJI
WESTERN DIVISION
AT LAUTOKA

Civil Action No. HBC 213 of 2011

BETWEEN:

FAIAZ SHABANA ATIKA
of 79 Lind Street, Fairfield Heights,
Sydney, New South Wales, Australia
PLAINTIFF

AND :

MOHAMMED YUSUF IQBAL

of 55 Tua Place, Mangeare,
Auckland, New Zealand, Mechanic
DEFENDANT

Before : Master M H Mohamed Ajmeer
Appearances: No appearance for the Plaintiff
No appearance for the Defendant

Date of Hearing : 21 July 2014
Date of Final Order : 21 July 2014

FINAL ORDER

[1] This is a notice issued by the Registry of Lautoka High Court pursuant to Order 25, Rule 9 of the High Court Rules 1988 requesting the Plaintiff to show cause why the matter should not be struck out for want of prosecution. Order 25 rule 9 (1) provides:

"(1) If no step has been taken in any cause or matter for six months then any party on application or the Court of its own motion may list the cause or matter for the parties to show cause why it should not be struck out for want of prosecution or as an abuse of the process of the Court.

2) Upon hearing the application the Court may either dismiss the cause [or] matter on such terms as may be just or deal with the application as if it were a summons for directions".(Emphasis added).

[2] The Notice has been served on the Plaintiff's Lawyer's receiver, Messrs Krishna & Co. The matter was filed by the Plaintiff on 30/12/11. Thereafter the Plaintiff did not take any step to progress the matter. The matter is just idling since initiation.

[3] The matter was listed, by the court's own motion, for the plaintiff to show cause why it should not be struck out for want of prosecution. The Plaintiff has no cause to show or otherwise failed to show cause why the matter should not be struck out for want of prosecution. The court may either dismiss the matter or deal the application (here notice) as if it were a summons for directions pursuant to Ord.25, r.9 (2). There is no need to deal with the notice as if it were a summons for direction as the plaintiff has shown no interest at all. I therefore dismiss and struck out the matter for want of prosecution, but without cost. Order accordingly.

...................................................
M H Mohamed Ajmeer
Master of the High Court

At Lautoka
21 July 2014