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Sun Insurance Constitutional Redress Case To Be Heard Today

Sun Insurance Constitutional Redress Case To Be Heard Today
Sun Insurance lawyers Julian Moti, closest to camera, and Adish Narayan outside court on April 12, 2018. Photo: Fonua Talei
April 13
12:34 2018

 

The summons to strike out the Sun Insurance Constitutional Redress case which was scheduled to be heard in the High Court on April 10 will be called to­day.

All Courts were closed on Tuesday because of Tropical Cyclone Keni.

Justice Alfred will hear sub­missions from both parties, namely lawyer for the defend­ant, Solicitor-General Shar­vada Sharma and Sun Insur­ance lawyer Adish Narayan and his co-counsel Julian Moti.

The Sun Insurance lawyers were ordered to file and serve submissions by March 27 if they so desired and also to file a supplementary affidavit on the same date for the substantive matter.

Mr Sharma was ordered to file and serve their reply by April 6, if they deemed it necessary.

The insurance company applied for judi­cial redress of various alleged contraven­tions of the Bill of Rights in Fiji’s 2013 Constitution.

They instituted proceedings on February 28, claiming uncompensated deprivation of its property following the commence­ment of the Accident Compensation Act enacted by Parliament last year.

They claim that the repeal of the Motor Vehicles (Third Party Insurance) Act 1948 effectively extinguished the Compulsory Third Party (CTP) insurance business it had conducted for the past 18 years.

They also submitted that the Bill of Rights prohibits the acquisition or expro­priation of SUN’s proprietary interest in its established CTP insurance business.

Edited by Jonathan Bryce

Feedback: fonua.talei@fijisun.com.fj

 

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