#header-inner img {margin: 0 auto !important; #header-inner {text-align: Center ;} Fiji Coupfourpointfive: Law firm's claim puts former Natadola chair in the spotlight

Tuesday, February 28, 2012

Law firm's claim puts former Natadola chair in the spotlight

Were Fiji National Provident Funds mismanaged when Fiji Trade Union Congress officials, Felix Anthony and Daniel Urai, were on the board?  

The answer may lie in a case the Fiji High Court is currently trying to resolve, involving the law firm Anand Kumar and Kohli and Singh, which says they were hired by Anthony to act for Natadola Bay Resort Company. 

The law firm alleges it is owed F$481,078.43 plus A$64,410.00 for legal services "unliquidated, unproven and disputed" and wants "their bill of costs, charges and disbursements delivered to the aforesaid Natadola Bay Resort Limited referred to the Master as the Taxing Officer to be taxed..."

The sticky point is that Natadola is disputing the claim which is being made by way of Originating Summons, maintaining "no such approval was submitted and the existence of proper authority to retain the Plaintiffs is an issue before the court."

Master Deepthi Amaramatunga ruled last Monday the court award no costs but that Anand Kumar Kohli and Singh be given 14 days to file a writ of summons, which will allow the court to deal with the case, including establishing who engaged the firm and what the agreed terms and conditions were.


In his ruling Amaramatunga said: " The affidavit in support indicate that Mr. Filix Anthony, who was the Chairman of the Defendant requested for the legal services, but was unable to submit a written request. Even if there was such a written request, was he authorized to do such an act is another issue, considering the Defendant is a limited liability company, quite distinct from the ex-chairman who was only an appointee by the government."

Singh v Bay Resort Ltd (Feb 21 2012)
http://www.paclii.org/fj/cases/FJHC/2012/879.html

15 comments:

Anonymous said...

The FNPF is creating a further disaster for themselves with APRIL and others if they proof in court that Felix and his board had no powers to engage a solicitor Anand Singh to any of the legal matters pertaining to Natadola if they do not withdraw their case against Anand Singh.

While they may or may not win this case, to not pay for services provided under Anand's signatures will also be deemed invalid, hence any sale or transfer of property with purportedly unlawful advice will cost FNPF many more millions, to try not to pay Anand his due.

Sa Sucu Sa Lutu

s maharaj said...

anand's loss in this matter is due to lack of consultation.

Anonymous said...

I wonder who may be able to shed some light on this matter? Who authorized Mr.Anand to ensconce himself in a spacious office in Podium One of the FNPF Provident Plaza?

Anonymous said...

That will teach Felix to humble himself and always ask for asistance. Being a smart arse and Bainimarama and Khaiyum sucker doesnt get you anywhere. Now Felix and Dan Urai should pay for this bill from bribes and illegal allowances they claimed from FNPF and ATH during their time in BED with Baiinimarama. You make the bed Felix well, sleep on it mate.

Anonymous said...

cmon 4.5 the case is still at its early stages stop misleading the public about board members mismanaging funds. if anything intercontinental is the only positive to come to out this government since 2006 thumbs up to the chair and all the board members at that time.

Anonymous said...

I don't really know if we can come to too much conclusions about what has occurred -isn't it only the beginning of the case in question or does someone already have an 'insiders" information of what will happen???

Anonymous said...

It appears that someone has hi-jacked the original C4.5 website.
The style has changed and writeup
has not been printed. So chow for now and i'm looking elsewhere.
Goodluck!!!!!!!!!!!!!!!!!!

Anonymous said...

Well all we know is Felix has no mandate to as a board member to ask for services from the law firm... This is corruption at its best when all this people Felix and Urai joined FNPF... Now since they are out in the cold they want ot use workers rights... Go to hell and stay there...

Anonymous said...

pls can you charge keni/april for fraud with his n conman.
why worry about 400k when fnpf wasted 300 million.
another regime tactic to pin felix now/urai/.
ficac should charge april directors and also charge your boss baini /ag .

Anonymous said...

Dina says....

Right from the outset, it was common intellectual knowledge that felix & dan Urai and his crony board did not fit the bill when it comes to big & strategic country issues like this. Its beyond them. And matters worse when their master mahendra Chaudary appointed them and sacked qualified/experience, competent executives and board to gain access to this huge members interest.

We as members of FNPf are paying the price now. Again Frank has to be blamed for this for too much of hear say and not understanding how mahendra played his politics so he can dip into fnpf. All senior executives & managers inluding the fnpf board were sacked. These people have the expertise and knowledge and have been in the game all their life to manage such portfolio. Not even Aisake Taito fits in this league.

Memebers you have to read fnpf annual reports to see how much Felix, Dan & board members were paying themselves compared to previous board members. They were paying themselves exorbitant fees to the tune of over $160,000 per year. This was more than what sacked CEO Olota was being paid for his 35 years of hard work.

They accused previous board members and executives and managers but appointed their own friends to do work and this draconian rates.

Frank I urge you to nail them and stop being hypocritical. You have crucified the innocent and spared the real thieves of our funds.

God bless FNPF monies - wish I had withdrawwn all monies 5 years ago. I am regretting it now.

Anonymous said...

If the Chairman of NBRL did not have authority to engage a lawyer to work on its project....maybe no formal contract on fee or minimum or maximum hours of work per week and hourly rate not written down in the contract....

Who gave authority to who to have FNPF Board sacked and reappoint a new Board following 2006 coup?

Did those who sack the old Board have the authority to do so apart from having appointee role?

Did they follow any authorised procedure in firing old Board? If not then questioning the authority after the services is provided must be paid.

If not then all Chinese road works at 3 times higher contract rates by those in authority is also questionable as to the legality of those contracts and load burdon of inflated millions onto the citizens and future generations...

Sa Sucu Sa Lutu

Taukei said...

Owed nearly half a million for "services". That should come as cold comfort to everyone else in Viti doing it tough.
Squabbling over scraps.

February 29, 2012 7:39 PM

Anonymous said...

Taukei,

Absolutely right. 1/2 a million of doing legalistic work by more than one lawyer i.e. by the law firm hence more than 1 lawyer in the administration team I guess.

This team are the only team that delivered a success result for FNPF members that is Natodola got completed and opened its doors.

In NZ lawyers charge $400/hour to write individuals submissions let alone corporate work. Sounds cheap!!!

What happened to Momi Bay Project after this team got sacked? rotting away because someone was jealous of good work or were they trying to subortage good work and success story....

How about Peoples Charter? 2million and no results!!!

Interim Govt - 5 years - country is bankrupt....can't pay for flood victims.....

Millions paid for Road...but only see pot holes everywhere....

And they fighting for the services rendered and results achieved in short duration of time.....must be jealously!!!!

Judge asking who authorised ....but not asking who authorised President to abbrogate constitution......

Sa Sucu Sa Lutu!!

Taukei. said...

"A lawyer with a briefcase can steal more than a 100 men with guns". American novelist Mario Puzo.

Anonymous said...

What's wrong C4.5, nothing to tell us? Fiji is going through interesting times with the high-class visit to the country of some world officials with praises for Fiji's contribution to peacekeeping duties.