Queensland Insurance (Fiji) Ltd v Shore Buses Ltd [2006] FJSC 2; CBV0001U.2006 (1 May 2006)

IN THE SUPREME COURT OF the FIJI ISLANDS
AT SUVA

CIVIL APPEAL NO. CBV0001 OF 2006S
(Fiji Court of Appeal No. ABU0066 of 1998S)

BETWEEN:

QUEENSLAND INSURANCE (FIJI) LIMITED
Petitioner

AND:

SHORE BUSES LIMITED
Respondent

In Chambers: The Hon Justice Keith Mason, Judge of the Supreme Court

Hearing: Monday, 1 May 2006, Suva

Counsel: Mr F. Hannif for the Petitioner
Mr H. Nagin for the Respondent

Date of Orders Delivered: Monday, 1 May 2006, Suva

ORDERS

1. Subject to the petitioner prosecuting the petition will all diligence so that it will be heard at the October sittings unless resolved in the meantime, order that the enforcement of the judgment of the Court of Appeal in Civil Appeal No. ABU0070 of 2004 dated 25 March 2005 be stayed until 20 October 2006.
   
2. The execution and all further proceedings to enforce the judgement in High Court Civil Action No. 207 of 1997 stayed until 30 June 2006.
   
3. All proceedings in High Court Civil Action Nos. 206 of 1997, 254 of 1998, 255 of 1998 and 257 of 1998 stayed until 30 June 2006.
   
4. It is noted that the Court intends that if and to the extent that the claims in the High Court Civil Actions are not resolved by judgment or settlement by 30 June 2006 they should thereafter forthwith be set down for hearing in the High Court regardless of the pendency of the dispute before the insurer and the insured.
   
5. Costs reserved.
   

Hon Justice Keith Mason
Judge of the Supreme Court

Solicitors:

Munro Leys, Suva for the Petitioner
Messrs Sherani and Company, Suva for the Respondent

CBV0001U.06