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One Hundred Sands Review Dismissed

The High Court has dismissed an application by casino operator One Hundred Sands Limited, which had its licence revoked by the Government in February this year. One Hundred Sands applied
25 Apr 2015 11:57
One Hundred Sands Review Dismissed
One Hundred Sands Limited lawyer Devanesh Sharma (left) outside court yesterday.

The High Court has dismissed an application by casino operator One Hundred Sands Limited, which had its licence revoked by the Government in February this year.

One Hundred Sands applied for a judicial review of the Government decision, but this was dismissed by Justice David Alfred for lack of evidence.

Suva lawyer Devanesh Sharma, representing One Hundred Sands, said in the High Court that the decision by the Government was made after the first sitting of Parliament.

He argued that it was his understanding that under the 2013 Constitution only executive decisions made between December 5, 2006, and the first sitting of Parliament in October last year could not be challenged.

This was objected to by Solicitor-General Sharvada Sharma.

Justice Alfred said from all the evidence before him he found that the decision by the Attorney-General was legally correct.

He said the Government was legally correct in revoking the licence of One Hundred Sands because the company itself admitted that it defaulted on the conditions of the agreement.

He said the decision to revoke was rational and justified and the procedures followed were correct.

Mr Sharma said he would now consult his clients, advise them and see what further actions could be taken.

The revocation of the company’s licence for the construction of the $290 million casino and resort on Denarau came after it allegedly failed to comply with conditions of the licence.

The construction work was to have started in 2012, but nothing has happened to date.

Feedback:  farisha.ahmed@fijisun.com.fj

 




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