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Supreme Court Act 1998

FIJI

SUPREME COURT ACT 1998
Act No. 14 of 1998

ARRANGEMENT OF SECTIONS

Part 1 - PRELIMINARY

SECTION
1. Short title and commencement

Part 2 - SUPREME COURT

2. Number of judges
3. Sessions of Supreme Court
4. Precedence and seniority
5. Seal of Court
6. Registrar of the Supreme Court

Part 3 - APPEALS TO SUPREME COURT BY LEAVE
OR SPECIAL LEAVE

7. Jurisdiction of the Supreme Court with respect to special leave to appeal

8. Power of a single judge of the Court of Appeal in relation to appeals to Supreme Court

9. Judgments
10. Continuation of proceedings despite absence of a judge
11. Power of single judge of Supreme Court

Part 4 - MISCELLANEOUS

12. Costs
13. Enforcing orders of Supreme Court
14. Powers of the Supreme Court generally
15. Repeal of Supreme Court Decree

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SUPREME COURT ACT 1998

(Act No. 14 of 1998)
[20th April 1998]

AN ACT TO MAKE FURTHER PROVISION RELATING TO THE
SUPREME COURT

ENACTED by the Parliament of Fiji

Part 1 - PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Supreme Court Act 1998.

(2) This Act commences on a date appointed by the Minister and published in the Gazette.

Part 2 - SUPREME COURT

Number of judges

2.-(1) For the purpose of hearing and determining-

(a) appeals from final judgments of the Court of Appeal; and

(b) references under section 123 of the Constitution,

the Supreme Court is to be constituted in accordance with directions given by the President of the Supreme Court.

(2) Subject to this Act, the Supreme Court is duly constituted if it consists of not less than 3 judges.

(3) In all proceedings before the Supreme Court, questions are determined according to the opinion of the majority.

Sessions of Supreme Court

3. The Supreme Court sits at such places and at such times as the President of the Supreme Court directs.

Precedence and seniority

4.-(1) The judges of the Supreme Court, other than the President of the Supreme Court, take precedence and have seniority between themselves as the President of the Supreme Court from time to time determines.

(2) In determining precedence and seniority, the President of the Supreme Court must have regard to the date of appointment to, and the nature of, any judicial office held or formerly held by each judge.

(3) In the absence of the President of the Supreme Court, the senior member of the Supreme Court present must preside at proceedings of the Court.

Seal of Court

5. The Supreme Court must have a seal bearing a device or impression of the Coat of Arms of the State with the inscription “Supreme Court of Fiji”.

Registrar of the Supreme Court

6. The Registrar of the Court of Appeal is also the Registrar of the Supreme Court.

Part 3 - APPEALS TO SUPREME COURT BY LEAVE
OR SPECIAL LEAVE

Jurisdiction of the Supreme Court with respect to special leave to appeal

7.-(1) In exercising its jurisdiction under section 122 of the Constitution with respect to special leave to appeal in any civil or criminal matter, the Supreme Court may, having regard to the circumstances of the case-

(a) refuse to grant special leave to appeal;

(b) grant special leave and dismiss the appeal or instead of dismissing the appeal make such orders as the circumstances of the case require; or

(c) grant special leave and allow the appeal and make such other orders as the circumstances of the case require.

(2) In relation to a criminal matter, the Supreme Court must not grant special leave to appeal unless-

(a) a question of general legal importance is involved;

(b) a substantial question of principle affecting the administration of criminal justice is involved; or

(c) substantial and grave injustice may otherwise occur.

(3) In relation to a civil matter (including a matter involving a constitutional question), the Supreme Court must not grant special leave to appeal unless the case raises-

(a) a far-reaching question of law;

(b) a matter of great general or public importance;

(c) a matter that is otherwise of substantial general interest to the administration of civil justice.

Power of a single judge of the Court of Appeal in relation to appeals
to Supreme Court

8. A single judge of the Court of Appeal may, in respect of any appeal pending before the Supreme Court, make such orders and give such directions as he or she considers the interests of justice or the circumstances of the case require.

Judgments

9.-(1) A reserved judgment of the Supreme Court may be delivered by the President of the Court if any or all of the judges who heard the appeal are absent.

(2) A judgment may be delivered by being pronounced in such terms as the Supreme Court or the President of the Court thinks appropriate but the full terms of the judgment must be put in writing and a copy made available to the parties.

Continuation of appeal proceedings despite absence of a judge

10.-(1) If, at any time before delivery of judgment in appeal proceedings in the Supreme Court, a judge taking part or who took part in the hearing of the proceedings dies, or is unable through illness or any other cause to attend or continue to attend the proceedings, or otherwise to perform his or her functions as a judge, the proceedings may, if the parties consent and if there are at least 2 remaining judges, continue before the remaining judges and judgment may be given by them.

(2) Appeal proceedings before the Supreme Court which continue to be heard before the remaining judges pursuant to subsection (1) must be decided in accordance with the opinion of the majority of those judges and, if there is no such majority, the decision appealed against stands.

(3) If the parties to appeal proceedings before the Supreme Court do not consent to the proceedings continuing it accordance with subsection (1), the appeal must be re-heard.

(4) Upon the re-hearing of appeal proceedings under this section, the court may include judges who sat in the original proceedings.

Power of single judge of Supreme Court

11. A single judge of the Supreme Court may exercise any power vested in the Supreme court not involving the decision of an appeal or reference, except that-

(a) in criminal matters, if a single judge refuses or grants an application, a person affected may have the application determined by the Supreme Court constituted by 3 judges, who may include the judge who made or gave the order; and

(b) in civil matters, any order other than an order made by consent of the parties, or any direction or decision given in pursuance of the powers conferred by this section, may be varied, discharged or reversed by the Supreme Court constituted by 3 judges, who may include the judge who made or gave the order.

Part 4 - MISCELLANEOUS

Costs

12.-(1) If -

(a) the Supreme Court directs a party to bear the costs of an appeal; and

(b) an agreement is not reached upon the matter by the parties;

the costs may be taxed by the proper officer of the Court of Appeal in accordance with the rules for the time being regulating taxation of costs in the Court of Appeal.

Enforcing orders of Supreme Court

13. Any order made by the Supreme Court may be enforced in the same way as an order of the Court of Appeal.

Powers of the Supreme Court generally

14. For the purposes of the Constitution and this Act, the Supreme Court has, in relation to matters that come before it, all the power and authority of the Court of Appeal and that power and authority may be exercised, with such modifications as are necessary according to the circumstances of the case.

Repeal of Supreme Court Decree

15.-(1) The Supreme Court Decree 1991 is repealed.

(2) The repeal of the Supreme Court Decree 1991 does not affect any appeal or reference pending before the Supreme Court at the commencement of this Act and any such appeal or reference may be heard and determined in accordance with this Act.


Passed by the House of Representatives this Seventeenth day of March, in the year of our Lord, One Thousand Nine Hundred and Ninety-Eight.

Passed by the Senate this Second day of April, in the year of our Lord One Thousand, Nine Hundred and Ninety-Eight.

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