Fiji Airways (FJ, Nadi) has moved closer to recovering FJD3.16 million Fijian dollars (USD1.4 million) in unpaid charter fees after the High Court in Suva struck out pleadings from three defendants who repeatedly failed to comply with court orders.
Acting master Liyanage Kashyapa Wickramasekara dismissed defence submissions from WABS Pacific Pte Ltd, Kane Holding Pte Ltd, and Michael Martin Enele Sturtin Mausio on October 17. The trio had ignored two court orders from June requiring payment of FJD2,000 (USD870) in costs and failed to file required responses since proceedings began in March.
“It appears the change of counsel just before every mention day to check on compliance has been deployed as a clear delaying tactic,” Wickramasekara said, according to a report from The Fiji Times newspaper.
The case concerns a September-October 2023 charter that transported 255 Fijian pilgrims to Israel. The group required emergency repatriation after war erupted in Israel on October 7, 2023.
Fiji Airways filed proceedings seeking FJD3,163,013.70, plus interest and costs, and later applied for summary judgment.
The non-compliant defendants changed lawyers three times and requested five adjournments without progress, one of whom issued a FJD2,000 cheque that was dishonoured. Wickramasekara subsequently ordered them to pay a total of FJD6,000 (USD2,600) in accumulated costs.
Two other defendants - the International Christian Embassy Jerusalem trustees and Christian Mission Fellowship International senior pastor Manasa Tuqani Kolivuso - have complied with court procedures, filing a strike-out application to contest their involvement.
All parties must file submissions by November 7, with the next hearing set for December 11.
Fiji Airways told ch-aviation it could not comment further “as the matter is currently before the courts.”
