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Default judgment set aside

Avinesh Gopal
Saturday, October 06, 2012

A DEFAULT judgment obtained by a businessman against Credit Corporation (Fiji) Limited has been set aside unconditionally by the High Court in Lautoka.

The judgment by default against the company for the payment of $5million was obtained by Lautoka businessman Rustam Ali on July 23.

Mr Ali had filed a writ against the company claiming $5million in damages over a loan and alleged he and his mother had not signed the necessary documents for the loan.

Mr Ali obtained the order from the High Court Registry because Credit Corporation had allegedly defaulted on filing its statement of defence within the time allowed. Default judgment orders are usually issued by the court registry on the application of a plaintiff without a hearing based on the expiry of the time for filing a statement of defence.

Immediately following the default judgment, the company made an application to the court for it to be set aside. The application was heard by master of the High Court in Lautoka Anare Tuilevuka on September 13.

Mr Tuilevuka ordered the default judgment obtained by Mr Ali against the Credit Corporation on July 23 "was premature and is set aside unconditionally".

He ordered Credit Corporation to file and serve its statement of defence within 14 days and Mr Ali to file and serve his reply to defence within 14 days thereafter. The master of the High Court also ordered the Mr Ali to pay $500 in costs to Credit Corporation.

Mr Ali told The Fiji Times yesterday he was fighting his case himself and he had filed his reply to defence in court.

"I have filed the papers and I will wait for the court to decide," he said.

The matter has been adjourned to October 17 for mention.





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