Court examines authority of ICEJ figure in Israel flight charter case

Proceedings in the High Court in Suva yesterday focused on the role of Mikaele Mudreilagi as Fiji Airways pressed for summary judgment in a $3 million charter flight dispute.

Appearing for the airline, lawyer Nilesh Prasad argued that Mr Mudreilagi repeatedly acted as the authorised representative of the International Christian Embassy Jerusalem (ICEJ) Fiji branch, despite not being listed as a trustee in the organisation’s constitution.

Mr Prasad directed the court to a series of emails and formal correspondence in which Mr Mudreilagi used ICEJ Fiji letterhead and identified himself as the “national director”.

The documents included negotiations with Fiji Airways’ chief financial officer and a formal request for a payment plan for a charter flight to Tel Aviv.

“He held himself out as the authorised person,” Mr Prasad submitted. “At no stage was our client informed otherwise.”

Fiji Airways claims the defendants remain liable under a charter agreement and a subsequent deed of forbearance after failing to meet payment obligations.

The court heard that only a $100,000 deposit and a later $300,000 payment were made towards the multimillion-dollar cost of the flight.

Mr Prasad also rejected the defendants’ reliance on force majeure, telling the court that the breach occurred before the scheduled departure and that full payment was required in advance under standard charter terms.

The matter forms part of broader proceedings involving ICEJ Fiji and a co-defendant sued in both personal and trustee capacities.

ICEJ lawyer Aca Rayawa then interjected, stating that Mr Mudreilagi was being referred to as a trustee of ICEJ and the matter would be referred to police.

He said ICEJ was not aware of Mr Mudreilagi’s dealings and that even the director of the organisation in Israel did not take the chartered flight.

In response, Mr Prasad said this amounted to evidence from the Bar and questioned why the matter had not been referred to authorities earlier if the allegations were so serious.

When questioned by Acting Master Liyanage Wickramasekera about whether checks were carried out to confirm Mr Mudreilagi’s authority to represent ICEJ, Mr Prasad said he could not respond, while Mr Rayawa said no checks had been done.

Mr Prasad again stressed that Mr Mudreilagi used ICEJ letterhead, coordinated with representatives in Israel and organised the flight arrangements for the pilgrims.

Responding to submissions by Faith Harvest, Mr Prasad said the contract had not been frustrated by the delay, noting the flight arrived in Israel one day later and was covered by the force majeure clause for unforeseeable circumstances.

He said the unforeseeable circumstance was unrest in Israel and that the addition of more passengers did not affect the contract, as the flight served its core purpose.

Mr Prasad also confirmed that the Office of the Prime Minister and the Ministry of Foreign Affairs, represented by the Attorney-General’s Office, are now parties to the proceedings following a joinder application by Faith Harvest.

The matter has been adjourned to May 27.

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