Mollyn Nakabea 
[Photo: Mollyn Nakabea]
The Suva High Court has ordered the respondents in the Barbara Malimali Commission of Inquiry case to pay 60% of the applicants’ actual legal costs, but has declined to award damages.
Justice Dane Tuiqereqere delivered the ruling today in the case brought by lawyers Wylie Clarke and Laurel Vaurasi, and former Attorney-General Graham Leung.
The applicants had sought damages over alleged defamation and misfeasance in public office, saying the Commission’s findings had seriously affected them personally and professionally.
However, the court found there was no established basis for awarding damages and said the Commissions of Inquiry Act does not provide for damages in this way.
Justice Tuiqereqere ordered the applicants to receive 60% of their actual costs.
Malimali is entitled to $13,615, Leung $139,944, while Clarke and Vaurasi are entitled to $207,426.
The respondents have been given one month to pay the costs.
