THE High Court in Suva has officially discontinued the judicial review proceedings brought by the Judicial Services Commission (JSC), Chief Justice Salesi Temo, and Chief Registrar Tomasi Bainivalu against the Commission of Inquiry into the FICAC Commissioner’s appointment.
Justice Dane Tuiqereqere yesterday ordered the applicants to pay $1500 in costs to the third respondent, COI Commissioner Justice David Ashton-Lewis, within one month.
The applicants originally instituted judicial review proceedings in September 2025 seeking to quash the COI’s findings and recommendations regarding the appointment of Barbara Malimali as FICAC Commissioner, alleging breaches of natural justice among other grounds.
The applicants filed a notice of discontinuance against Justice Ashton-Lewis in December last year following settlement discussions involving the other two respondents – the Commission of Inquiry and the Attorney-General.
Justice Tuiqereqere noted that proceedings had been paused to await a ruling in a separate judicial review matter involving Wylie Clarke, Laurel Vaurasi, and Barbara Malimali. In August this year, the same court declared the COI report null and void in a 154-page judgment.
Given that ruling, the applicants subsequently discontinued their action against the first and second respondents with no order as to costs.
Justice Ashton-Lewis, represented by lawyer Agnes Shute of Sherani & Co, had sought $10,000 in costs on the basis that he was affected by the proceedings. The applicants, represented by Sireli Fa Jr, opposed the claim, submitting that any award should not exceed $1000.
Justice Tuiqereqere ruled that he was unpersuaded to grant the full $10,000, finding $1500 a reasonable sum. The matter is now concluded.
