NATION

April Date For Summons Hearing

The hearing date for the summons to strike out the Sun Insurance constitutional redress case has been set to take place on April 10, 2018. Solicitor-General Shar­vada Sharma told High
22 Mar 2018 11:00
April Date For Summons Hearing
Solicitor-General Sharvada Sharma (right) with co-counsel Ofa Solimailagi outside the Suva High Court on March 20, 2018. Photo: Fonua Talei

The hearing date for the summons to strike out the Sun Insurance constitutional redress case has been set to take place on April 10, 2018.

Solicitor-General Shar­vada Sharma told High Court judge Justice David Alfred yesterday that they had filed and served the summons and their affida­vit to lawyers for the insur­ance company on March 16, 2018.

While setting a date for the company to file their affida­vit in objection to the strike out application, Justice Alfred said, “the wheels of justice moves expeditiously in my court.”

Accordingly, he ordered lawyers for Sun Insurance to file and serve their re­sponse by March 27, 2018, if they so desire and also to file a supplementary affida­vit on the same date for the substantive matter.

He then ordered Mr Shar­ma; who is appearing for the defendant (Attorney-Gener­al’s Office), to file and serve their reply by April 6, 2018, if they deem it necessary

Sun Insurance lawyer Adish Narayan told Justice Alfred that the State (de­fendant) was relying on the fact that there may be alter­native remedies available to Sun Insurance.

Mr Sharma said in seeking orders in their constitution­al redress application, there were various proceedings available to Sun Insurance as alternative remedies.

He said they would have a discussion with counsel for the insurance company about the same.

The case has been ad­journed to April 5, 2018, for hearing.

Mr Sharma appeared with co-counsel Ofa Solimailagi and Bhavna Narayan while Mr Narayan appeared alongside Julian Moti.

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

The company instituted proceedings on February 28, 2018, for uncompensated deprivation of its property after the commencement of the Accident Compensation Act enacted by Parliament last year.

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

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

Edited by Naisa Koroi

Fiji Sun Instagram
Fiji Plus
Subscribe-to-Newspaper