An interim injunction has been granted by the High Court in Suva on the construction of the 28-storey hotel by WG International Real Estate Co (Fiji) Pte Ltd in McGregor Rd in Suva.
The injunction comes in light of concerns raised by Suva City Council inspectors who claimed there have been numerous stop work notices ignored by the company, including an active stop work order issued in February 2023.
The application filed by SCC in February this year allege there have been further breaches of the company’s building permit.
SCC counsel Tomasi Duanasali argued that the breaches were not minor and that information sought by SCC in 2021 remained outstanding.
Mr Duanasali said without the information sought, “SCC was essentially in the dark”.
“SCC doesn’t know what materials have been used, how safe the building is or the level of compliance or noncompliance with the building permit,” said Mr Duanasali.
“The urgency of the present application and need for the orders relate to safety.
“SCC has a duty to the community and will bear potential liability if damage and or injury results from the construction.
“SCC has made every effort to work with WG International given the size of the project to ensure the project is successfully completed and these proceedings are filed as a last resort due to the ongoing non-compliance.”
In a judgment last week, Justice Dane Tuiqereqere acknowledged that it was premature to make declarations that the company was in breach of the National Building Code without a fair trial and that the only order that he could grant was the temporary injunction to stop work on the construction of the building.
“The singular largest concern is the failure by WG International to supply the structural integrity reports to demonstrate that the construction is compliant with the regulations.
“Without this information SCC is in the dark. “It has sought this information since February, 2021.
“If, as SCC claims, the information has not been supplied then this failure is unacceptable.”
Justice Tuiqereqere ordered that WG International Real Estate and its employees, contractors “to stop work immediately on the construction on the building’ until further orders of the court.
