Question
Shana Singh is a dancer who signs a contract with Entertainment (PTE) Limited, an entertainment company with its registered office at Level 1, Renwick Street,
Shana Singh is a dancer who signs a contract with Entertainment (PTE) Limited, an entertainment company with its registered office at Level 1, Renwick Street, Suva. The Entertainment Company also has branch in Nadi which is situated at Rosie Tours Building, Martintar, Nadi. The Contract is for Shana to perform at the University of Fiji's Social Night held at Girmit Center in Lautoka. The University of Fiji is established by the University of Fiji Act 2011 with its main campus at Saweni, Lautoka. The Entertainment Company signed the contract with the University of Fiji to entertain the crowd on that day and also promised to bring to the event the dancer Shana, a rising Star. She is a citizen of New Zealand and resides at 257 Queens Road, Auckland, New Zealand. On the day of the event, the Entertainment Company apologized to the University of Fiji that Shana could not make it as she felt sick at the last hour. The event was cancelled and the University of Fiji had to reimburse every ticket it sold. The University of Fiji Council came to you to file a suit against all those that have caused the misery where they lost a sum of approximately $80,000.00 (Eighty Thousand Dollars).
1. Name the Plaintiff(s) as it would appear on the Writ of Summons and give reasons for your answer. Explain why you have named the particular person/party as the Plaintiff. (2.5marks)
2. Who would you name as the Defendant(s) and give reasons for your answer. Also state how it would appear on the Writ of Summons. (2.5marks)
3. If you intend to have Shana Singh as a Defendant who resides Overseas, explain the process of service of the Writ of Summons to Shana. Refer to any relevant cases and relevant rule of the High Court Rules. (3marks)
4. State the process of service on the Entertainment (PTE) Limited. Refer to any relevant cases and relevant rule of the High Court Rules. (3marks)
5. Assume that you have filed the action in the High Court of Fiji on behalf of the Plaintiff. You serve the Defendant with the Writ of Summons and the Statement of Claim. The Defendant does not file an Acknowledgment of Service and/or Statement of Defence on time. Explain what course of action you will take to proceed with the action. Refer to any relevant cases and relevant rule of the High Court Rules. (5marks)
6. Your bailiff upon service of the Writ of Summons discovered that the Entertainment Company is no longer situated at Level 1, Renwick Street, Suva. A search at the Registrar of companies shows that the company has not been wound up. Explain what you will do to effect service considering the situation you have now?
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