JSC, judiciary officials ordered to pay costs after abandoning COI challenge

The Judicial Services Commission (JSC), Chief Justice Salesi Temo and Chief Registrar Tomasi Bainivalu have been ordered to pay $1500 in costs after discontinuing their judicial review challenge against the Commission of Inquiry into the appointment of former FICAC Commissioner Barbara Malimali.

The High Court in Suva yesterday ordered the applicants to pay the amount to the inquiry commissioner, Justice David Ashton-Lewis, within one month.

The applicants initially filed the proceedings in September 2025, seeking to quash the Commission of Inquiry’s findings and recommendations concerning Ms Malimali’s appointment.

They alleged that the report was weaponised against the JSC and breached natural justice.

The proceedings against Justice Ashton-Lewis were discontinued in December last year following settlement discussions involving the remaining respondents — the Commission of Inquiry and the Attorney-General.

Justice Dane Tuiqereqere noted that the proceedings had been stayed pending the outcome of a separate judicial review involving Fiji Law Society President Wylie Clarke and predecessor Laurel Vaurasi, former Attorney-General Graham Leung and Ms Malimali.

In August, the High Court declared the Commission of Inquiry report null and void in a 154-page judgment.

Following that ruling, the applicants discontinued their proceedings against the first and second respondents, with no order as to costs.

However, Justice Ashton-Lewis, represented by Agnes Shute of Sherani & Co, sought $10,000 in costs, arguing that he had been affected by the proceedings.

The applicants, represented by Sireli Fa Junior, opposed the claim and submitted that any award should not exceed $1000.

Justice Tuiqereqere declined to grant the full amount, finding $1500 to be reasonable.

The matter is now concluded.