The application is premature and misconceived, thus it is denied.

Those were the words of High Court Judge, Justice Davendra Pathik today as he denied the application by Suspended Chief Justice, Daniel Fatiaki to include the three tribunal members as defendants in his case against the Interim Government for his alleged unlawful suspension.

Judge Pathik said the appointment of a tribunal does not constitute an action, as Fatiaki's case is not merely against the individuals of the tribunal adding that Fatiaki should rely on the tribunal's ruling as they are independent of the Courts.

Pathik also said in his ruling that the defendants' costs be taxed by Fatiaki.

Fatiaki's legal counsel John Apted said he would have to discuss the matter with his client before any further decision or action is taken.