The Fiji Court of Appeal has dismissed an appeal filed by One Hundred Sands Limited against the Attorney General Aiyaz Sayed-Khaiyum’s decision to revoke their casino licence.
The Court of Appeal also unanimously held that, based on the submissions of the Solicitor General Sharvada Sharma on behalf of the Attorney‑General and Minister for Justice, the High Court did not have jurisdiction to hear the application of One Hundred Sands Limited.
The government had awarded One Hundred Sands Limited a Casino Gaming Licence on March 15th 2012. As per the licence, One Hundred Sands was to complete the project by 1st October, 2013 which included 100 hotel rooms, a 1,500 seat state-of-the-art convention centre and a casino on Denarau Island.
One Hundred Sands Limited made requests from time to time commencing from June 3rd, 2013 for extensions for completion and was granted. After the extensions were granted, the casino and the convention centre was to be completed and operational by 15th January, 2014.
As at February 9th, 2015, the construction of the casino project had not commenced, the land site for the casino had not been secured and outstanding penalty had not been paid.
On the same day, Aiyaz Sayed-Khaiyum in the exercise of his powers as the Attorney General and Minister for Justice under the Gaming Decree 2009 revoked the gaming licence granted to One Hundred Sands Limited.
Aiyaz Sayed‑Khaiyum welcomed the ruling of the Court of Appeal as a strong affirmation of Government’s ability to take action against companies that violate the conditions of their agreements in Fiji.
The Attorney General also confirmed that the state will immediately pursue its claim for penalties due and payable by One Hundred Sands Limited to the State under the Agreement.
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