THREE of five defendants in the $3 million Fiji Airways Jerusalem charter case have persistently failed to submit required documents despite multiple orders issued by the High Court in Suva.
After hearing from both parties, Acting Master of the High Court Liyanage Kashyapa Wickramasekara found the defendants’ reasons to be unacceptable, unjust, and dishonest.
“It appears the change of counsel just before every mention day to check on compliance has been deployed as a clear, delayed tactic,” the judge said.
“Orders of the court are made to be complied with and not to be abused to the advantage of a party to create unacceptable delay.”
The non-compliant defendants are WABS Pacific Pte Ltd, Kane Holding Pte Ltd and Michael Martin Enele Sturtin Mausio, who chartered the flight to Israel in October 2023.
They are represented by new a new lawyer, Vishal Anand.
The other defendants, the International Christian Embassy Jerusalem trustees (Viliame Gonelevu, Aisake Kunanitu, Ana Soqeta, and Mikaele Mudreilagi), represented by lawyer Aca Rayawa, and Christian Mission Fellowship International senior pastor Manasa Tuqani Kolivuso, who is represented by lawyer Pita Niubalavu.
Fiji Airways, represented by Nilesh Prasad, instituted civil proceedings against the five, seeking orders for the payment of $3,163,013.70, plus interest and costs.
In court yesterday, Mr Prasad informed acting Master Wickramasekara that WABS Pacific, Kane Holding, and Mr Mausio had failed to comply with court orders since the beginning of the case in March.
The court heard the three defendants had yet to file a response to the airline’s summons for summary judgment, which was filed in January this year.
They also failed to file a notice of opposition and have not paid court costs previously awarded to the airline, despite several adjournments granted for compliance.
Additionally, Mr Prasad brought to the court’s attention that Mr Mausio had issued a $2000 cheque last month as court costs, knowing there were insufficient funds in his account. He only realised that the “inward cheque was dishonoured” when he received a note from the bank.
In response, Mr Anand said he was unaware of his clients’ non-compliance as he had only been handed the file on Thursday.
He explained that the delay was due to the defendant’s former lawyer, Adrienne Ali’s, personal commitments overseas and requested a final adjournment of three days to organise the documents and settle the costs.
After hearing from both sides, acting Master Wickramasekara found the defendants’ reasons to be unacceptable, unjust, and dishonest.
“I therefore find the request for further adjournment is unreasonable and without merit. I do not find any justification or reasonableness to the current request for an adjournment to comply with those previous orders.”
As a result, the three defendants’ pleadings were struck out and dismissed, and they were ordered to pay a total of $6000 in costs, as calculated from prior orders.
In the meantime, the remaining two defendants and the plaintiff have been directed to file legal submissions by November 7 and the case is adjourned until December 11.
The case stems from the non payment of the charter in 2023 when 255 pilgrims travelled to Israel for the Feast of the Tabernacles.
The group was repatriated after Hamas conducted a series of coordinated attacks on Israeli on October 7.
