The counsel for Fiji Airways in the $3 million Israel charter flight case says now that the benefit of the flight has already been assumed and it is time to pay the dues, the representatives of International Christian Embassy Jerusalem is saying that Mikaele Mudreilagi is not authorised to undertake dealings on behalf of the organisation.
Fiji Airways counsel Nilesh Prasad has highlighted this while responding to a strike out application by ICEJ and Faith Harvest, a counter claim for defamation by ICEJ and a summary judgement application.
Air Pacific, trading as Fiji Airways, has filed a civil lawsuit against Wabs Pacific Limited, Kane Holding Pte Ltd, Viliame Gonelevu and others, Manasa Kolivuso and Michael Mausio for allegedly not paying for the chartered flight.
The charter flight, operated in September and October 2023, transported passengers to the Feast of the Tabernacle religious tour in Israel.
Kane Holdings PTE Limited, the trustees of the International Christian Embassy Jerusalem, have filed a separate application to strike out Fiji Airways’ claims.
While making their submission during the hearing, Prasad says according to the charter agreement signed by Mudreilagi, payments were supposed to be made on the 11th, 18th and 25th of September, 2023 before the flight on the 28th of September.
He says a default on the payment led to the Deed of Forbearance being signed where guarantees for payment were made by Kolivuso, Kane Holdings and Mausio and Mudreilagi had agreed that they be accepted.
Prasad says the flight left on the basis that Fiji Airways sign the Deed of Forbearance as Wabs Pacific being the debtor and others as the guarantors.
He says Mudreilagi signed the Deed of Forbearance on behalf of ICEJ as the National Director and as a ‘Charter Committee’ member.
The counsel stresses that according to the Charitable Trust Act, once you sign, you are purporting to act as a trustee and the signature is evidence as being a trustee.
While responding to ICEJ's defamation claim, Prasad says ICEJ has not provided any evidence how they faced reputation damage and loss of members, as per their claim.
He says their claim for $20 million is flawed and an abuse of court processes.
Prasad also says being named in court proceedings is not a ground to file a defamation claim as it is covered under Absolute Privilege, which gives them immunity during court proceedings.
While making a submission on Fiji Airways summary judgement, Prasad says Mudreilagi’s representation was relied upon and Fiji Airways was not made aware about any conflict with respect to Mudreilagi’s authority.
ICEJ lawyer Aca Rayawa then interjected, stating that Mudreilagi is being called a trustee of the ICEJ and he will be referred to the police.
He says ICEJ did not know of Mudreilagi’s dealings and even the director of the organisation in Israel did not take the chartered flight.
Prasad says that this is evidence from the Bar and if acts by Mudreilagi were so serious then why has it not been referred to the authorities until now.
When questioned by Acting Master Liyanage Wickramasekera if checks were done to see if Mudreilagi is a representative of the ICEJ, Prasad says he cannot respond to that, however, Rayawa says it was not done.
Prasad again stressed that Mudreilagi was using ICEJ letterhead, was making arrangements with representatives in Israel and organising the flight with the pilgrims.
While responding to the submission by Faith Harvest, Prasad says that the contract was not frustrated because the flight arrived in Israel a day later as it is covered under the force majeure clause for unforeseeable circumstances in the charter contract.
He says the unforeseeable circumstance was the unrest in Israel.
He says it does not matter that more people were added to the flight because the flight served its core purpose.
Prasad also confirmed that the Office of the Prime Minister and the Ministry of Foreign Affairs, represented by the Attorney General's Office, is now part of the proceedings after a Joinder Application by Faith Harvest.
The matter has been adjourned to the 27th of May.
