Chand v Carpenters Fiji Ltd [1995] FijiLawRp 24; [1995] 41 FLR 155 (17 July 1995)

[1995] 41 FLR 155

HIGH COURT OF FIJI

Appellate Jurisdiction

1. MAHESH CHAND
2. RAVINDRA CHAND

v

CARPENTERS FIJI LTD

Fatiaki J

17 July 1995

Courts - whether Magistrates' Courts have a summary jurisdiction akin to that enjoyed by the High Court under RHC O 14.

On appeal against the summary dismissal of a statement of Defence filed in the Magistrates' Court HELD: Magistrates do not have a power similar to that exercised by the High Court under the provisions of RHC O 14.

Cases cited:

Garthwaite v Garthwaite [1964] P 356
Subodh Mishra v Car Rentals (Pacific) Ltd (1985) 31 FLR 49

A. Sen for Appellants
A. Parshu Ram for Respondent

Fatiaki J:

On the 22nd of September 1993 the respondent Company issued an endorsed Writ of Summons out of the Labasa Magistrates' Court claiming a sum of $3,693.81 for goods and services sold and provided by the respondent Company to the 1st appellant and further, against the 2nd appellant the sum of $2,000 being the extent of his liability under a guarantee.

On 31st March 1994 the 2nd appellant filed a Statement of Defence denying any knowledge of being under a guarantee or giving any instructions to the respondent company (to supply goods and services to the 1st appellant). In essence the defence was a blanket denial putting the respondent Company to strict proof.

On 7th June 1994 the respondent company filed an Amended Statement of Claim outlining the contractual relationship between itself and the 1st and 2nd appellants and Chands Earthworks Services. The respondent Company also claimed a sum in excess of $4,000 for goods and services supplied together with interest thereon.

On 4th July 1994 the 1st appellant filed a Statement of Defence which save for admitting the respondent company's capacity, comprises a blanket denial of the amended Statement of Claim.

Then on 18th August 1994 the respondent Company issued a summons for an order that:

"(1) The Statement of Defence filed by the 2nd defendant does not disclose any defence; and

(3) Judgment be entered against the 2nd defendant for the whole of the sum claimed by the plaintiff and interest."

The respondent Company's summons was also supported by an affidavit of its Credit Controller who deposed inter alia that "... the Statement of Defence filed by the 2nd defendant shows no defence whatsoever..." and also annexed were a Certificate of Registration of Chands Earthworks Services and a self-explanatory Memorandum of Guarantee given by the 2nd appellant to the respondent Company.