Michelle Apartments Ltd v Pala [1989] FijiLawRp 19; [1989] 35 FLR 194 (26 September 1989)

[1989] 35 FLR 194

HIGH COURT OF FIJI

Civil Jurisdiction

MICHELLE APARTMENTS LIMITED

v

JAYANTI LAL PALA & OTHERS

Byrne J

26 September 1989

Practice (Civil) - compromise of actions- whether the Court has jurisdiction to vary the terms of a settlement.

The parties compromised an action, the terms of the settlement providing for the payment of a lump sum. The Defendants were late in making payment and the Plaintiffs sought interest on the agreed sum. Dismissing the application, the High Court HELD: the compromise of proceedings the terms of which are not made on order of the Court concludes those proceedings and the Court has no further jurisdiction arising from the original cause of action.

Cases cited:

Green v Rozen & Ors [1955] 2 All ER 797
McCallum v Country Residences Limited [1965] 2 All ER 264

J. Singh for the Plaintiff
S.D. Sahu Khan for the Defendants

Interlocutory application in the High Court.

Byrne J:

This action was commenced in 1984 and terms of settlement were signed by Counsel for the parties on 6^th January 1989 and filed in this Court on that date but without any order being made by the Court. On 26th January 1989 the Solicitors for the plaintiff issued a Notice of Motion for Judgment returnable on 31st August 1989 seeking an order in terms of the terms of the settlement and an order that the Plaintiff do recover against the Defendants the sum of $10,000.00 with interest at the rate of 10 percent per annum from 21st January 1989 to date of payment and for the costs of the present application.

It is not contested that the Defendants were very late in making payment of the terms of settlement. They did so by two instalments, the first of $4,750 on 31st August 1989 and the second of $5,250 on 19th September 1989. Mr. Singh submitted that since they had not paid the agreed amount of $10,000.00 by the 21st January last as required by the terms of settlement they should pay interest at the rate of 10 percent commencing on 21st January until the dates of the two payments. He calculated the total interest due from 21st January 1989 until 18^th