Strike out motion denied in The Hot Bread Kitchen case

The management and ownership of The Hot Bread Kitchen are confident they will prevail in the High Court even though their strike out motion was denied today in the case of Selina Helen Duff vs Samisoni Enterprises Pte Ltd before Justice Chaitanya Lakshman.

The plaintiff, the founding family's older daughter, Selina Duff had instigated proceedings leading to a winding up order against the family-owned company, Samisoni Enterprises Pte Ltd, that owns Fiji's Hot Bread Kitchen when Doctor Mere Samisoni was the company’s chairperson and largest shareholder.

The award-winning businesswoman and former parliamentarian died in August last year but the action continued into Court.

The judge ruled today to deny the strike out motion, allowing Duff's allegation of shareholder oppression against the company to be heard on the 2nd of December.

The judge said the company would not be wound up, clarifying it is for the applicant Selina Duff to prove the conduct of the company's affairs has been oppressive, unfairly prejudiced to or unfairly discriminatory against her, a member of the company.

He says if oppression is proved, the court has the powers to make any orders necessary to remedy the conduct.

Samisoni Enterprises says it remains resolute that they will win this case and prevail.

Vanessa Charters, the company’s Group Managing Director and youngest daughter of Doctor Mere Samisoni who co-founded Hot Bread Kitchen with her husband Dr Jimione Samisoni in 1982, says they had entered mediation to find a mutually acceptable resolution, but the other side withdrew following last month's hearing of the strike out motion.

Vanessa Charters says this is not the outcome they wished for, but they are grateful that the winding up order is out.

She assures their 600-plus loyal employees of Samisoni Enterprises and the Hot Bread Kitchen that this case will have no impact on their jobs, and assures their valued customers that Hot Bread Kitchen will remain a bastion of excellence for product quality, customer service and cleanliness.

Samisoni Enterprises' founders are the entrepreneur Doctor Samisoni, who died in August last year and her late husband, Dr Jimione Isimeli Samisoni, former Dean of the Fiji School of Medicine, who passed in 2007. The company is now owned by their four children, John Samisoni (61), Selina Duff (60), Vanessa Charters (56), Philip Samisoni (48) and the late Dr Mere's estate.