The High Court in Suva has dismissed a multi-million-dollar claim brought by two seafood business operators against the Government, ruling that the case had no legal basis and was filed too late.
In the decision delivered on March 18, Justice Thusara Rajasinghe struck out the claim by Eroni Bilo and Aisake Kaunisela, who had sought more than $10 million in damages for alleged losses to their bycatch fish business.
They argued that a 2012 policy decision by the Ministry of Fisheries allowed shipping agents and fish processing companies to offload bycatch fish—undermining an earlier affirmative action approach intended to benefit local operators.
They claimed the change led to financial losses and the eventual collapse of their business.
They named the Minister for Fisheries and Forest, the then Prime Minister, and the Attorney-General as defendants, alleging a failure to uphold government policy and protect their business interests.
However, the court found that the claim disclosed “no reasonable cause of action” under private law. Justice Rajasinghe ruled that the decision in question was a policy matter made within the discretion of public authorities and therefore did not give rise to a common law duty of care.
“The court cannot adjudicate on such policy matters,” the judgment noted, adding that decisions involving social, economic and political considerations are not subject to negligence claims.
The court also found the claim to be statute-barred. Under the Limitation Act, any action should have been filed within six years of the 2012 decision. The plaintiffs filed their case in 2020, well beyond that period.
As a result, the writ of summons and statement of claim were dismissed in full, with the plaintiffs ordered to pay $2,000 in costs to the defendants.
