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Fiji Time: 9:17 AM on Wednesday 10 February

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High Court set to rule in Fiji Water case

Friday, February 08, 2008

THE High Court will give its decision today whether to allow the bottled water firm which sells Fiji Water to continue exporting to the United States.

Natural Waters of Viti Limited filed a judicial review against the Fiji Islands Revenue and Customs Authority (FIRCA) for blocking its exports last month.

The substantive issue of transfer pricing has not been touched upon in court yet. The court has been discussing interim orders since the case came to court in January.

Yesterday, the case was called before Justice Jocelyn Scutt in the High Court where submissions were presented from both parties for several hours.

Richard Naidu appeared for Natural Waters with Nick Barnes, while Michael Scott and Madhu Sudhan were defending FIRCA.

Out of court, Natural Waters spokesman Nirmal Singh said they wanted the court to allow Natural Waters to continue its exports without any conditions placed on them until the judicial review issue is sorted.

But Mr Singh said FIRCA wanted them to put a bond before the court when they wanted to export bottled Fiji Water.

On Monday, Natural Waters sent 155 containers of bottled Fiji Water for exports to the US market.

In an interim order issued earlier, Justice Scutt had allowed Natural Waters to resume their earlier shipment worth about $6million, which was embargoed at the Lautoka Wharf.

Justice Scutt had asked Natural Waters to pay to court a bond of F$5 million when she had allowed the initial exports and given the temporary order.

End of story

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