Defense lawyers have asked the High Court to dismiss Fiji Airways’ bid for summary judgment and allow a full trial in the multi‑million‑dollar dispute over a charter flight to Israel, saying there are serious factual disputes that cannot be resolved without oral testimony and cross‑examination.
At a hearing before Acting Master of the High Court Liyanage Kashyapa Wickramasekara, lawyers Aca Rayawa and Pita Niubalavu argued the case raises contested issues about who had authority to contract, which parties should properly be sued (trustees, individuals or organisations), the precise payment amounts, and the timing of events surrounding the flight. Rayawa, appearing for trustees of the International Christian Embassy Jerusalem (ICEJ) — Viliame Gonelevu, Aisake Kunanitu and Ana Soqeta — told the court that Mikaele Mudreilagi had acted fraudulently by purporting to act as a trustee or national director of ICEJ.
Rayawa told the court Mr Mudreilagi had since admitted his actions, apologised, and agreed to give evidence at trial. He said the trustees had no knowledge of the transaction and denied any affiliation with Mr Mudreilagi. Rayawa also told the court he intended to refer Mr Mudreilagi to police and suggested that passengers on the flight might be sued to help recover costs.
Pastor Manasa Tuqani Kolivuso’s lawyer, Mr Niubalavu, told the court the charter agreement had been signed under pressure and without proper legal advice, signalling another disputed factual area the defence says requires a full hearing.
Fiji Airways, through counsel Nilesh Prasad, maintained there is documentary evidence showing Mudreilagi used ICEJ letterhead and an ICEJ email address to negotiate payment terms. Mr Prasad told the court payments under the charter arrangement were scheduled for September 11, 18 and 25, 2023, and that a default had occurred before the flight. He said a deed of forbearance was entered into before the aircraft departed on September 28, 2023, but that further defaults followed and the airline was driven to commence proceedings.
Fiji Airways is seeking judgment of $3,163,013.40 plus interest and costs in the proceedings. The airline’s claim and the defence responses are now squarely focused on whether the documents relied upon establish enforceable obligations, and whether the correct defendants are before the court.
Separately, a $20 million libel counterclaim lodged in the dispute has been challenged by the airline on the basis it discloses no reasonable cause of action, a point flagged in submissions at the hearing. The matter was adjourned to May 27 for written submissions to be filed ahead of further directions from Acting Master Wickramasekara.
If the court declines to grant summary judgment, the case will proceed to trial where witnesses — including Mr Mudreilagi if he follows through on his stated intention to testify — will be called to resolve the contested factual issues that the defence says cannot properly be determined on affidavit evidence alone.
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