A hearing on costs and damages following Suva High Court Judge Justice Dane Tuiqereqere’s ruling declaring the Commission of Inquiry report into the appointment of Barbara Malimali as FICAC Commissioner null and void in its entirety, has been set for 21st September.
Justice Tuiqereqere has directed all parties to file and serve submissions on costs and damages by 18th September.
The applicants who challenged the Commission of Inquiry report through a judicial review were former FICAC Commissioner Barbara Malimali, former Attorney-General Graham Leung, and lawyers Wylie Clarke and Laurel Vaurasi.
He says he specifically wants to hear submissions on liability for the damages, meaning who should be responsible for paying them.
Justice Tuiqereqere earlier ruled that the COI report was unlawful, that its adverse findings were irrational and have been quashed, and that President Ratu Naiqama Lalabalavu and Prime Minister Sitiveni Rabuka failed to provide the applicants with natural justice.
