NEWS

Court orders FRCA to pay Carpenters Ltd $482,000

The Suva High Court yesterday made a ruling for the Fiji Revenue and Customs Authority (FRCA) to pay Carpenters Fiji Limited the sum of $482,193.60. High Court Judge Justice David
29 Jul 2017 20:19
Court orders FRCA to pay Carpenters Ltd $482,000

The Suva High Court yesterday made a ruling for the Fiji Revenue and Customs Authority (FRCA) to pay Carpenters Fiji Limited the sum of $482,193.60.

High Court Judge Justice David Alfred handed down the decision after he found that Carpenters Fiji had succeeded in proving its claims in a civil case against FRCA.

Carpenters Fiji took FRCA to court for failing to pay them for supply and installation of workstation and furniture at the sum of $482,193.60.

Carpenters Fiji was represented by lawyer Emmanuel Narayan.

The hearing had commenced with the Carpenters Fiji Limited operations manager, Mayur Singh who gave evidence that FRCA’s agent and contractor Metal Works Joinery had supplied loose furniture and floor tile carpets.

Mr Singh said the FRCA paid for them but some payments were outstanding.

Following this, FRCA counsel, Tima Rayawa said that they were not disputing the invoices.

Mr Singh said that there was a variation in the costs due to the increase in landing costs because of the devaluation of the Fijian dollar.

He claimed that the amount due from FRCA was $482,193.60.

Moreover, the second witness, the director of Carpenters Fiji, David Whippy revealed that the furniture was purchased and the supplier came to Fiji and installed the furniture in the FRCA building.

He said the chief executive of FRCA then, Jitoko Tikolevu wanted a discount and wanted to pay only half of the last claim which Mr Whippy had refused.

However in defence, Ms Rayawa stated that the supply and installation of the workstation and furniture were not in conformity with the specifications and presentation given to them by Carpenters Fiji Ltd.

They also stated FRCA had paid the contract amount owed to Carpenters Fiji.

Furthermore FRCA said the only amount that was yet to be paid was the sum of $297,251.00 for which they believed the plaintiff was not entitled to because there was short supply of items by them.

FRCA presented only one witness.

Justice Alfred said it was crystal clear that the sole issue was whether the goods were supplied according to the contract which both parties agreed had been made.

He said Carpenters Fiji Ltd had shown its claims were true through the evidence of the second witness and through the documents produced.

The Court found no real attempt on the part of FRCA or its sole witness to rebut the claims by Carpenters Fiji Ltd.

In fact, FRCA admitted the invoices and chose not to call anyone from their project management team.

Justice Alfred said attempts to justify that FRCA’s non-payment of $297,251 had collapsed.

Therefore, Justice Alfred ordered FRCA to pay Carpenters Fiji a sum of $482,193.60 with interest at the rate of four per cent per annum from the date of judgement to the date of realisation and the amount of $2000 as costs.

Edited by Rusiate Mataika

Feedback: arishma.narayan@fijisun.com.fj




Fiji Sun Instagram
Fiji Plus
Subscribe-to-Newspaper
error: