The hearing for the strike out application by the Fiji National Provident Fund and government in relation to FNPF pensioner, David Burness’s application will now be heard next year after the case was called before High Court judge, Justice Pradeep Hettiarachchi today.

FNPF counsel, Devinesh Sharma told the court that he is expected to file two phases in his submissions relating to the strike out application.

Burness had earlier taken the FNPF, the Attorney General and the Republic of Fiji to court in relation to FNPF’s planned reforms which would result in the reduction in the annual pension rate of FNPF pensioners from 25 percent or 15 percent to about 9 percent.

The High Court has already struck out the application by Burness for orders restraining the FNPF and the state from making any decision on the proposed review of the FNPF Act.

The court had said that it was not satisfied of any probable basis on which the human rights of Burness could be violated by any reforms that could be introduced by FNPF as his affidavit was based on mere speculation rather than credible or reliable information.

The High Court then permitted Burness to rectify his procedural and technical errors.

Now FNPF’s legal counsel, Devinesh Sharma has been given 14 days by the court to file the submissions in relation to the strike out application while Burness’s counsel, Doctor Shaista Shameem has been given 14 days to reply to Sharma’s submissions.

Doctor Shameem said she is expected to be out of the country for her Christmas vacation.
 
Judge Hettiarachchi then said the hearing on the application will be heard on the 8th of February next year and the two counsels are given adequate time.


Story by:
Vijay Narayan and Tokasa Rainima