Civil Aviation Authority of Fiji v Motibhai & Company Ltd [1995] FijiLawRp 9; [1995] 41 FLR 31 (1 March 1995)

[1995] 41 FLR 31

COURT OF APPEAL OF FIJI

Civil Jurisdiction

THE CIVIL AVIATION AUTHORITY OF FIJI

v

MOTIBHAI & COMPANY LIMITED

Quilliam, Thompson, Dillon JJA

1 March 1995

Contract - Nadi Airport Duty Free Concession - nature of exclusive rights - power of Civil Aviation Authority to grant - whether subject to Fair Trading Decree 1992.

The High Court granted several declarations in favour of the Respondent's exclusive right to a concession at Nadi Airport. HELD: Declarations affirmed subject to leave being granted to the Appellant to seek the High Court's determination on the effect of the Fair Trading Decree 1992 on the contract.

Cases Cited:

Attorney-General of the Commonwealth of Australia v Adelaide Steamship Company Limited [1913] AC 781

Appeal against declarations granted by the High Court.

S.S. Inoke for the Appellant
G.P. Lala and G.P Shankar for the Respondent

JUDGMENT OF THE COURT

The appeal in these proceedings is against an order made by Sadal J on 3 December 1993 by which he made the following declarations which had been sought by the Respondent:

"(1) that the exclusive rights granted by the Defendant Authority (or its predecessors) to the Plaintiff Company under the principal Agreement dated 27th November, 1978 and subsequently varied on 3rd December, 1985 and again on 1st January, 1991 respectively has not changed in its character and legal effect and is still binding and in force against the Defendant Authority.

(2) that the said exclusive rights "to the premises" contained in the three versions of the Agreement do not allow or permit the Defendant Authority to allow, permit or encourage any other concessionaire to obtain and (sic.) additional concession within the transit lounge and departure area of Nadi International Airport Terminal Building.

(3) that the exclusive rights applied to the whole area comprising the transit lounge and the departure area at Nadi International Airport Building and is not confined to the specific floor space or area actually occupied by the Plaintiff Company.

(4) that any action taken by the Defendant Authority which will adversely affect the interest of the Plaintiff Company in respect of its exclusive rights will amount to a contravention or breach of a fundamental term of the principal Agreement and two subsequent variations to the Agreement."

The appellant's amended grounds of appeal are as follows: