THE High Court in Lautoka refused an order recently by a construction company to restrain a former InterContinental Fiji Golf Resort and Spa general manager from departing Fiji.
Kanta's Construction Company Limited (KCCL) sought an order from the court for Scott William to provide the company with a list of his assets in Fiji or overseas before being allowed to depart Fiji.
The court also heard the company had filed an order for Mr William to deliver his passport and all passenger tickets and travel documents to the court unless he could provide free and unencumbered assets belonging to him with a total value of not less than $128,352.62.
In his ruling, Justice Anare Tuilevuka said KCCL filed a writ summons and statements of claim against the Fiji National Provident Fund (FNPF) and Mr William.
The claim alleged that KCCL was a building contractor and carried out some construction works for the resort at Natadola, Sigatoka at the request of Mr William.
"The alleged construction work was carried out on November 15, 2012 to July 2013 for the total cost of $128,352.62," Justice Tuilevuka said.
He said Mr William made the request orally for the work to be done in his capacity as general manager of the resort.
"Although the statement of claim does not state that Mr William is being sued as an agent of FNPF, it is obvious from the facts as pleased that William is being sued in that capacity," he said.
"In this regard, it is hardly necessary to grant a Mareva injunction against Mr William nor is it necessary to make a stop departure order against him personally."