NATION

Court grants special leave

The Supreme Court has allowed local company South Sea Cruises Limited special leave to appeal against a Court of Appeal decision. This involves a civil matter brought by a person
25 Apr 2015 12:04

The Supreme Court has allowed local company South Sea Cruises Limited special leave to appeal against a Court of Appeal decision.

This involves a civil matter brought by a person who was a passenger on one of the company’s vessels and allegedly consumed caustic liquid from a bottle labelled as water.

While the special leave has been allowed, the Supreme Court panel dismissed the initial appeal.

The panel, consisting of Justice Saleem Marsoof, Justice Suresh Chandra and Justice Almeida Guneratne, ordered that there be no costs awarded for appeal it was ruling on.

However, the panel ordered that costs initially ordered in the High Court and Court of Appeal would stand.

Australian national Samsul Mody was a passenger on the cruise vessel SC Seaspray in February 2006 when the incident happened.

He allegedly picked up and drank a bottle of caustic liquid in a bottle that had been decanted and labelled as water and, as a result, suffered personal injury.

He sued South Sea Cruises claiming compensation and was paid F$135,000 “without any admission of liability”.

Mr Mody then instituted proceeding in the High Court of New South Wales, but South Sea Cruises applied in the High Court in Fiji to limit its liability under the Marine Act 1986.

In 2008, the High Court struck out South Sea Cruises’ writ of summons and ordered that the company pay Mr Mody $10,000.

Another appeal by South Sea Cruises and the ongoing legal arguments have kept the matter has been moving through Fiji’s judicial system since then.

Feedback:  farisha.ahmed@fijisun.com.fj

 




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