THE High Court in Suva has dismissed an application by the Fiji Roads Authority (FRA) seeking to strike out a breach of contract lawsuit brought against it by TF Bulldozing Company Pte Ltd.

High Court Master Vandhana Lal delivered the interlocutory ruling last month, ordering FRA to pay $2000 in costs to the plaintiff within 14 days.

FRA had filed an application on January 9, 2025, to strike out the suit, claiming TF Bulldozing disclosed no reasonable cause of action because FRA was not a party to the contracts identified in the claim.

TF Bulldozing alleges that between 2011 and 2013, it entered into contracts with MWH — acting as an agent and servant of FRA — and FRA’s predecessors to supply road and pavement materials, hire equipment, and construct a bridge and road in Ba following the 2012 flooding.

The company claims millions of dollars in unpaid supplies, lost income, and unfulfilled tenders, including $2,069,921.65 under one specific supply contract.

In its defence, FRA denied being a party to several of the contracts and argued that any contracts entered into were with its predecessors or third parties. FRA also raised arguments regarding mandatory arbitration clauses and claimed that part of the suit was statute-barred under the Limitation Act.

Master Lal ruled that the issues of contractual liability, successor responsibilities under Section 21 of the FRA Act, and limitation periods are matters best resolved at trial through full evidence.