Leweni Seria Waqa Anr v Jaykam Tellu Tavanavanua Ors

• Jurisdiction: Fiji
• Court: High Court (Fiji)
• Judgment Date: 15 December 2025
• Docket Number: Civil Action No. HBC 45 of 2023
• Date: 15 December 2025
• Counsel: Mr I Fa (Jnr) for 1st & 2nd Plaintiff/1st & 2nd Applicants,Mr J Liganivai for 2nd Defendant/2nd Respondent,Mr H Nagin for 3rd Defendant/3rd Respondent

IN THE HIGH COURT OF FIJI

AT SUVA

CIVIL JURISDICTION

Civil Action No. HBC 45 of 2023

Between:

Leweni Seria Waqa

First Plaintiff/First Applicant

Wasaliwa Pte Limited

Second Plaintiff/Second Applicant

v.

Jaykam Tellu Tavanavanua

First Defendant/First Respondent

Kokomo Services Pte Limited

Second Defendant/Second Respondent

Pacific Line Production Pte Limited

Third Defendant/Third Respondent

Hearing Date: 23 October 2025

Judgment: 15 December 2025

Counsel:

Mr I Fa (Jnr) for 1^st & 2^nd Plaintiff/1^st & 2^nd Applicants

Mr J Liganivai for 2^nd Defendant/2^nd Respondent

Mr H Nagin for 3^rd Defendant/3^rd Respondent

Solicitors:

Fa & Company for the First and Second Applicants

Munro Leys for the Second Respondent

Sherani & Co for the Third Respondent

JUDGMENT

(on an application for leave to appeal from the Master's decision)

[1] The first and second applicants seek leave to appeal from the learned Master's decision dated 11 August 2025 striking out their claim.

[2] The second and third respondents oppose the application while the first respondent has taken no interest in the proceedings.

Background

[3] It is important to begin with an explanation of the party's relationship to each other.1 The third respondent, Pacific Line Production Pte Limited (PLP) is in the business of filming productions. It films the French Survivor series in Fiji. Its cast and crew are accommodated at Kadavu Island. The second respondent, Kokomo Services PTE Limited, (Kokomo), established facilities for use by PLP. The facilities are situated on iTaukei land owned by Mataqali, Korovou. The facilities were constructed in 2018, and contained accommodation, a restaurant, a bar, a laundry and other related facilities. It is known as Buliya Base Camp.

[4] The first applicant, Ms Leweni Waqa, and the first respondent, Mr Yaykam Tavanavanua, are related. They are members of the Mataqali, Korovou. The applicants plead that Ms Waqa and Mr Tavanavanua incorporated the Second Plaintiff, Wasaliwa Pte Ltd (Wasaliwa), on 5 April 2018 in order to operate a bar at the base camp. They were equal shareholders and each a director of Wasaliwa.

¹ The facts are taken from the pleadings, in particular the applicant's statement of claim.

[5] A liquor license was granted to Wasaliwa to operate the bar at the base camp. According to the statement of claim, the company also obtained ‘all approvals necessary, to conduct business to operate a bar’ at the base camp.2 What is not pleaded is whether there was any agreement between Wasaliwa and Kokomo (or PLP) to operate the bar at the base camp. What is also not pleaded is the nature of the arrangement between Kokomo and the Mataqali to use the iTaukei land – did Kokomo have a lease over the land where the base camp was situated?

[6] Nevertheless, the applicants plead that Mr Tavanavanua deceived them by registering his own business in his own name, known as Nukurama Bar, and operated this bar at the base camp ‘under the guise of the 2^nd plaintiff’. It is also pleaded that Kokomo and PLP knew of Mr Tavanavanua's ‘actions by promoting [Mr Tavanavanua] to operate Nukurama bar from Buliya Base Camp’ — it is unclear what actions Kokomo and PLP are said to have known.

[7] That is the extent of the facts pleaded. The causes of action against the respondents are in respect to deceptive and misleading conduct contrary to section 75 of the Fijian Competition and Consumer Commission Act 2010 (FCCC Act). The applicants plead that the deceptive and misleading conduct by Mr Tavanavanua against them was as follows:

• i. Operating his own private business at the base camp instead of Wasaliwa.

• ii. Failing to disclose to Ms Waqa that he was operating his own bar.

• iii. Deceiving Ms Waqa into believing that Mr Tavanavanua was operating Wasaliwa at the base camp, and doing so without a valid liquor licence.

• iv. Depriving Ms Waqa of the profits.

² Paragraph 10 of applicants' Statement of Claim.

[8] With respect to Kokomo and PLP, the allegations of their deceptive and misleading conduct allegedly include:

• i. Conspiring with Mr Tavanavanua against Ms Waqa to operate Nukurama bar without a lawful liquor license instead of Wasaliwa.

• ii. Depriving Ms Waqa of the profits that would have been made if Wasaliwa had been operating the bar.

The present proceedings

[9] The applicants' writ of summons was filed on 9 February 2023. The relief sought by the applicants are declarations that the conduct of the respondents was deceptive and misleading contrary to section 75. They seek orders compelling Mr Tavanavanua to provide an account of the profits from Nukurama bar and they claim damages and costs.

[10] Mr Tavanavanua has shown little...