Court remits case to LTAT

THE Court of Appeal upheld the decision made by the High Court to remit the case of Zakreen Holdings Ltd to the Land Transport Appeals Tribunal (LTAT) to determine the application according to law and that otherwise the appeal should be dismissed.

LTA had granted four road route licences to the bus company out of the six it had applied for in 2011.

This decision was, however, appealed against by the Fiji Bus Operators Association and four other bus companies on the basis that LTA had failed to convey the decision to the objectors and interested parties.

Zakreen Holdings Ltd was providing services along the Suva-Nausori corridor, Verata and Sawani-Nausori area.

The judgment stated that the solicitors for the first respondent, Dee Cees Services Ltd, had written to LTA in 2012 requesting its decision upon the hearing into the objection, but the request had been met with complete silence on the part of LTA.

It further added that LTAT had specifically held that LTA had violated the rules of natural justice by not conveying its decision to the objecting parties.

The High Court delivered the judgment on the case in March 2016, where it quashed the ruling of the LTAT except the determination of the preliminary objection and remitted the appeal to the LTAT for hearing of the substantive appeal.

Justice William Calanchini said he was of the view that LTA should be required to make a decision in terms of the law as expeditiously as possible and to give reasons for that decision upon hearing already conducted into the application of the appellant and the objections of the objectors.

The court also directed the appellant, Zakreen Holdings Ltd, to pay $3000 to the first respondent and $1000 each to the four interested parties as cost of the appeal.

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