The High Court will on the 21st of September hear submissions on costs following its decision to quash the findings of the Commission of Inquiry into the appointment of Barbara Malimali as FICAC Commissioner.
Judge, Justice Dane Tuiqereqere has directed the parties to file their submissions by the 18th of September.
The issue of costs was raised during proceedings before the High Court, with parties making submissions on the appropriate timeframe and legal principles that should apply in determining costs.
The Court had earlier ruled that the Commission of Inquiry continued unlawfully after its legal mandate had expired and that the process was affected by apparent bias and procedural unfairness.
In his 154-page judgment, Justice Tuiqereqere found that while the Commission had raised legitimate concerns regarding the process surrounding Malimali’s appointment, the manner in which the inquiry was conducted rendered its report legally invalid.
The court is now expected to determine which parties should bear the costs of the proceedings and to what extent.
The hearing will focus solely on the issue of costs following the substantive judgment.
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