The Housing Authority of Fiji has been mandated by the court to pay $24,005.04 plus costs to Ilaisa Nakiatagovaki and Vasimaca Lacabuka, former sub-lease property owners in Naitasiri, for imposing an unlawful penalty. The plaintiffs had faced financial hardship during the COVID-19 pandemic, prompting them to sell their property in 2022 for $120,000, a rise from their original purchase price of $70,000 in 2020. While the plaintiffs met all legal requisites, the Housing Authority conditioned their consent for the property transfer on the plaintiffs paying a $12,000 penalty fee, later increasing it to $24,005.04 under revised penalty conditions.
In September 2023, Justice Dane Tuiqereqere ruled in favor of the plaintiffs, confirming that there was no legal basis for the penalty fee, thereby entitling the plaintiffs to recover the full amount. Additionally, he ordered the Housing Authority to pay $25,000 in costs within a month.
This decision underscores issues in the region related to the imposition of unwarranted fees, reflecting similar judicial actions addressing property and tenancy rights, as seen in past rulings on eviction and unlawful conduct by landlords and property entities. Such rulings emphasize the court’s commitment to fair trade and property practices and could encourage more transparent negotiation between property entities and owners. This also serves as a reminder of the broader judicial trend in Fiji to safeguard consumer rights and ensure lawful property transactions, promoting fairness and justice in real estate dealings.
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