Dr Thomas Hickie joined 7BR in 2009 after having served as a Judge of the High Court of Fiji in its civil jurisdiction as well as being an ex officio member of the Fiji Court of Appeal dealing with both civil and criminal appeals.
Since joining 7BR, his work has been predominantly in the civil area but he also undertakes private criminal work as well as having a particular interest in Sports Law – an area in which he has also lectured to the Bars of NSW, Jamaica and Fiji as well as having an ongoing appointment as a Visiting Fellow each summer at the University of New South Wales, Sydney, Australia.
His ability to cover a wide of area of law was recognised when serving on the bench in Fiji where he delivered judgments covering administrative and constitutional law, commercial law, contempt, criminal law, discrimination, employment, human rights, tort (defamation, personal injury, clinical negligence and road traffic matters), to estate and land law.
In Australia, he had a broad practice at the NSW Bar reflecting his wide ranging career and interests. Colleagues at the Bar in Australia who did cases with him have described him “as a brilliant barrister who dedicates himself to the very heart of what the law is and should be about”, that his “court track record is excellent, mainly because he understands his briefs, listens to the clients and puts many hours into assembling these factors”, is “diligent” with “that sound combination of learning and practical understanding of the law” and for “those instructing him and their clients” he is “patient” having “a comfortable rapport”. This view has been endorsed by instructing Solicitors who have described him as “a very competent and experienced counsel who always thoroughly prepares all briefs provided to him”, ”diligent, dedicated and effective”, “preparation is his hallmark”, and that he has “an extensive legal knowledge” with “excellent written and oral communication skills which enhance his ability as an advocate”.
Upon his arrival in the UK, one referee from the Bar of England and Wales who worked with him has described how they were “particularly impressed at the speed at which he was able to grasp complex legal problems and give succinct and clear-cut answers” with “a special ability to sift through complex documents and facts and focus on only what is relevant”.
His most recent publications have been as joint author of Questions and Answers on Criminal Law in the Common Law States (LexisNexis Butterworths, 2009) and joint editor of Essays in Sport and the Law (ASSH, 2008).
Key Cases
Recent UK
- Tort - Personal Injury/Sports Law - McElwee v Rowley (Unreported, Liverpool County Court, 10 November 2010) - Hearing of Defendant’s Pt20 counter-claim arising from motor accident – Award of general damages to include a sum for “loss of congenial employment/loss of opportunity” to compete in chosen sport internationally and a sum for “loss of chance” of scholarship funding.
Australia
- Tort - Personal Injury/assault by Police - State of New South Wales v Kouumdjiev [2006] HCATrans 007 (3 February 2006), High Court of Australia - Junior Counsel for Respondent, Application by State of NSW for special leave to appeal – Leave refused.
- Tort - Personal Injury/assault by Police - State of New South Wales v Koumdjiev (2005) 63 NSWLR, Vol.3, 353; [2005] NSWCA 247 - Court of Appeal, Supreme Court of New South Wales - Junior Counsel for Respondent concerning damages awarded for assault and false arrest by police in entrance hall of apartment block and in what circumstances can a licence given by one tenant in common be revocable by another tenant in common - Appeal dismissed.
- Tort - Personal Injury/limitation of actions - State of New South Wales v H by her tutor; and Barnardos Australia v H [2005] NSWCA 244; Junior Counsel for Respondent in two joint Appeals on a limitation of action when Respondent suffering disability - automatic extension of limitation period - plaintiff entitled to three year extension from date of last period of disability - Appeals dismissed.
-
Key Judgments Fiji
High Court
- Administrative law - declaration as to legitimate expectation that lease would be granted: Cama v Attorney General [2008] FJHC 149; HBC0512.2005 (25 July 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/149.html
- Commercial - Contract - Computech IT Solutions Ltd v Fijian Teachers Association [2009] FJHC 93; HBC273.2006 (31 March 2009) Paclii: http://www.paclii.org/fj/cases/FJHC/2009/93.html
- Commercial - Contract Sewak v Narayan [2008] FJHC 258; HBC118.2007 (22 October 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/258.html
- Commercial - Ex-parte Motion seeking to restrain Defendant from leaving jurisdiction pending property dispute – refused - Chand v Mati [2009] FJHC 25; HBC37.2009 (2 February 2009) Paclii: http://www.paclii.org/fj/cases/FJHC/2009/25.html
- Commercial - Application for vacant possession – granted – Maharaj v Begum [2008] FJHC 192; HBC564.2006 (5 August 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/192.html
- Commercial - Application for vacant possession – refused - Tuidama v Devi [2009] FJHC 355; HBC105.2008 (18 February 2009) Paclii: http://www.paclii.org/fj/cases/FJHC/2009/355.html
- Commercial - Interlocutory application to set aside default judgment – granted Giesbrecht v Cross [2008] FJHC 356; Civil Action 540.2007 (25 November 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/356.html
- Commercial - Interlocutory motion for interim injunction to restrain sale – refused - Nair v National Bank of Fiji - Asset Management [2009] FJHC 52; HBC308.2008 (19 February 2009) Paclii: http://www.paclii.org/fj/cases/FJHC/2009/52.html
- Commercial - Costs on withdrawn appeal - Island Glass & Mirror Ltd v Dominion Insurance Ltd [2009] FJHC 55; HBA05.2008 (24 February 2009) - Paclii: http://www.paclii.org/fj/cases/FJHC/2009/55.html
- Commercial - Damages for alleged breach of contract – refused - Ali v Savusavu Town Council [2008] FJHC 155; HBC0030.2004 (31 July 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/155.html
- Commercial - Sale of freehold land to non-resident - illegal, void and unenforceable -Narayan v Narayan [2009] FJHC 26; HBC446.2005 (2 February 2009) Paclii: http://www.paclii.org/fj/cases/FJHC/2009/26.html
- Commercial - Claim for breach of agreement - Williams Associates Ltd v Gonewali [2009] FJHC 43; HBC94.2004 (13 February 2009) Paclii: http://www.paclii.org/fj/cases/FJHC/2009/43.html
- Commercial - Security for costs – granted: Skerlec v Tompkins [2008] FJHC 376; Civil Action 111 of 2008 (13 November 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/376.html
- Commercial - Release of vehicle pending final hearing – granted - Credit Corporation Fiji Ltd v Diston [2008] FJHC 248; Civil Action 220.2008 (7 October 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/248.html
- Commercial - Winding-up petition – struck out - In re Lomac Construction Company Ltd; In re Ca'bella Pacific Construction Ltd [2008] FJHC 254; Winding Up Action 46.2008 & 47.2008 (15 October 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/254.html
- Constitutional - declaration to remove travel ban – granted: Singh v Naupoto [2008] FJHC 137; HBC199.2008 (4 July 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/137.html
- Constitutional - statutory interpretation - declaration that plaintiff has to audit accounts – refused: Auditor General v Reserve Bank of Fiji [2008] FJHC 194; HBC42.2008 (8 August 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/194.html
- Contempt - by scandalising the Court through publication - sentence after plea in mitigation: In re Application bythe Attorney General of Fiji for the leave to apply for an Order of Committal (Fiji Times & Ors) [2009] FJHC 8; Action No 124.2008 (22 January 2009); Paclii: http://www.paclii.org/fj/cases/FJHC/2009/8.html
- Employment law - discrimination - constitution - leave to Apply for Judicial Review of a trade dispute on age discrimination – refused: In re Application by Fiji Public Service Association; Dass [2008] FJHC 257; HBJ15.2007 (17 October 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/257.html; and State v Permanent Secretary of Labour, Industrial Relations, Tourism & Environment, ex parte New India Assurance Company Ltd [2008] FJHC 250; HBJ28.2007 (8 October 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/250.html
- Employment law - Dismissal – finding unlawful - Leave to apply for Judicial Review - granted:
State v Arbirtration Tribunal, ex parte Suva City Council [2008] FJHC 185; HBJ22.2008 (15 August 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/185.html
- Employment law - Dismissal - finding unlawful - Leave to apply for Judicial Review - refused: State v Secretary, Public Service Appeals Board, Ex Parte Jiko [2008] FJHC 369; HBJ 19.2008 (11 July 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/369.html
- Tort – Defamation – Khan v Sun (Fiji) News Ltd [2008] FJHC 256; HNJ572.2005 (16 October 2008) Paclii: http://www.paclii.org/fj/cases/FJHC/2008/256.html
- Tort - Personal injury - Damages for false imprisonment – granted: Rokotuiviwa v Seveci [2008] FJHC 221; HBC374.2007 (12 September 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/221.html
- Tort - Personal Injury- Appeal from magistrate awarding damages for delayed detention – dismissed: Commissioner of Police, Fiji Police Force v A Mother and her Child [2008] FJHC 183; HBA08.2008 (27 August 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/183.html
- Tort - Personal Injury - Award of general and exemplary damages for personal injury arising from assault and battery: Naqa v Commander, Republic of Fiji Military Forces [2009] FJHC 68; HBC377.2005 (11 March 2009); Paclii: http://www.paclii.org/fj/cases/FJHC/2009/68.html
- Tort - Personal Injury/Clinical negligence claim – dismissed: Saulaki v Ministry of Health [2008] FJHC 186; HBC354.2006 (22 August 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/186.html
- Tort - Personal Injury/Clinical negligence claim – dismissed: Singh v Attorney General of Fiji [2008] FJHC 393; HBC0221.1998 (13 November 2008); Paclii: http://www.paclii.org/fj/cases/FJHC/2008/393.html
Court of Appeal
- Leave to Appeal both Conviction and Sentence – Refused - Murti v State [2008] FJCA 8; AAU0034.2008 (29 May 2008) (Hickie JA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/8.html
- Leave to Appeal out of time – granted; Leave to Appeal - refused - Vetaukula v State [2008] FJCA 9; AAU0017.2008 (29 May 2008) (Hickie JA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/9.html
- Leave to Appeal both Conviction and Sentence – Refused - Rawaqa v State [2008] FJCA 10; AAU0030.2008 (29 May 2008) (Hickie JA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/10.html
- Leave to Appeal on question of Law whether retrial should be ordered– granted - Kumar v State [2009] FJCA 5; AAU0078.2007 (18 March 2009) (Hickie JA) Paclii: http://www.paclii.org/fj/cases/FJCA/2009/5.html
- Commercial - Appeal - Use of hearsay evidence – granted - Digitaki v Mobil Oil Australia Ltd [2008] FJCA 109; ABU0100.2006 (2 May 2008) (Byrne and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/109.html
- Commercial - Appeal to set aside dismissal of claim for want of prosecution – appeal granted - Deo v Fiji Times Ltd [2008] FJCA 63; AAU0054.2007S (3 November 2008) Paclii: (Byrne, Powell and Hickie JJA) http://www.paclii.org/fj/cases/FJCA/2008/63.html
- Commercial - Breach of sale and purchase agreement - appeal granted – settlement to proceed - Khan v Janardhan [2008] FJCA 82; ABU0122.2005S (7 November 2008) (Powell, Lloyd and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/82.html
- Commercial - Declaration of tenancy – granted - Pratap v Lal [2008] FJCA 38; ABU0072.2005S (9 July 2008) (Byrne, Powell and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/38.html
- Commercial - Costs on withdrawal of winding up petition – Tower Insurance (Fiji) Ltd v BL Naidu and Sons Ltd [2008] FJCA 37; ABU0061.2006S (8 July 2008) (Powell, Hickie and Datt JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/37.html
- Commercial - Leave to Appeal to Supreme Court to clarify the proper construction of a clause in a standard fire insurance policy which abrogates the statute of limitations – granted - Kumar v National Insurance Company of Fiji Ltd [2008] FJCA 19; ABU0056.2006 (30 July 2008) (Pathik, Shameem and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/19.html
- Commercial - Breach of contract – appeal refused - Ministry of Agriculture, Fisheries and Forests v Nand [2008] FJCA 42; ABU0119.2006S (10 July 2008) (Byrne, Powell and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/42.html
- Commercial – Stay of winding up order – granted - Praveena's BP Service Station Ltd v Fiji Gas Ltd [2008] FJCA 74; ABU0074.2007S (6 November 2008) (Byrne, Powell and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/74.html
- Leave to Appeal both Conviction and Sentence – granted on ground trial was delayed unreasonably and unconstitutionally - Nalawa v State [2008] FJCA 107; AAU0031.2007 (25 April 2008) (Shameem and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/107.html
- Appeal against conviction on basis of confessions made to Police – allowed and no retrial ordered -Tamani v State [2008] FJCA 61; AAU0014.2007S; AAU0011.2007S (30 October 2008) (Byrne, Powell and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/61.html
- Appeal against sentence on escape from lawful custody allowed on totality principle for multiple offences -Tuibua v State [2008] FJCA 77; AAU0116.2007S (7 November 2008) (Lloyd, Goundar and Hickie JJA) Paclii: Paclii: http://www.paclii.org/fj/cases/FJCA/2008/77.html
- Appeal against sentence on possession – granted - Vuru v State [2009] FJCA 3; AAU0084.2007 (3 March 2009) (Byrne, Hickie and Khan JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2009/3.html
- Appeal against sentence – totality principle – dismissed - Matasiga v State [2009] FJCA 2; AAU0049.2007 (3 March 2009) (Byrne, Hickie and Khan JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2009/2.html
- Employment - Disciplinary – Judicial review refused - undue delay in seeking review - Public Service Commission v Singh [2008] FJCA 64; ABU0005.2007S (3 November 2008) (Pathik, Hickie and Powell JJA) Paclii: (http://www.paclii.org/fj/cases/FJCA/2008/64.html
- Employment - Dismissal – Judicial review refused - Airports Fiji Ltd v Permanent Secretary for Labour, Industrial Relations and Productivity [2008] FJCA 83; ABU0070.2007S (10 November 2008) (Powell, Hickie and Lloyd JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/83.html
- Employment - Unjust dismissal – Appeal dismissed Life Insurance Corporation of India v Arbitration Tribunal [2008] FJCA 45; ABU0069.2006S (17 July 2008) (Byrne, Hickie and Bruce JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/45.html
- Tort – Defamation – Chand v Fiji Times Ltd [2009] FJCA 1; ABU0035.2007S (17 February 2009) (byrne, Hickie and Bruce JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2009/1.html
- Tort - Personal Injury - Appeal by employer to set aside default judgment in personal injury/employer’s liability claim – refused Woodstock Homes (Fiji) Ltd v Rajesh [2008] FJCA 104; ABU0081.2006S (18 April 2008) (Byrne, Hickie and Powell JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/104.html
- Tort- Road traffic accident - Damages award for repairs to vehicle - Appeal allowed – award reduced in part - Fai Insurance (Fiji) Ltd v Prasad's Nationwide Transport Express Courier Ltd [2008] FJCA 101; ABU0090.2004S (16 April 2008) (Pathik, Powell, and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/101.html
- Tort – Finding of negligence in road traffic accident – Appeal refused – Mohammed Sadiq & Sons Ltd v Earthmoving Constructions Ltd [2008] FJCA 59; ABU0041.2007 (29 October 2008) (Byrne, Shameem and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/59.html
- Tort – Personal Injury - Insurer liable to each individual in multiple claims arising from bus accident - Lautoka General Transport Company Ltd v Vosa [2008] FJCA 75; ABU0102.2006S; ABU0104.2006S (6 November 2008) (Powell, Pathik and Hickie JJA) Paclii: http://www.paclii.org/fj/cases/FJCA/2008/75.html
- Tort – Personal Injury - Leave to Respondent to file Cross-Appeal out of time – granted - Shell Fiji Ltd v Chand [2009] FJCA 6; ABU0038.2008 (2 April 2009) (Hickie JA) Paclii: http://www.paclii.org/fj/cases/FJCA/2009/6.html
Recent publications:
- Donna T. Spears and Thomas V. Hickie, Criminal Law for Common Law States, LexisNexis Butterworths, Chatswood, Australia, 2009.
http://www.lexisnexis.com.au/aus/products/catalog/current_htm/B0666.asp?productid=B0666&jurisdiction=0&category=13&medium=0&author=&title=&overview - Thomas V. Hickie, Anthony T. Hughes, Deborah Healy and Jocelynne A. Scutt, Essays in Sport and the Law, ASSH Studies Series, No. 24, Melbourne, Australia, 2008. http://www.sporthistory.org/Publications.html#special
- Thomas V. Hickie and Mary Bushby, ‘Rugby at the Crossroads - A Case Study of Sydney University Football Club 1995-97: Grafting professionalism on to the amateur ideal’, in Greg Ryan (ed.), The Changing Face of Rugby, Cambridge Scholars Publishing, Newcastle Upon Tyne, 2008.
- Thomas V. Hickie and Marie Chan (eds), 2001 Fiji Law Reports, Suva, Fiji Islands, 2008.
- Mary Bushby and Thomas V. Hickie (eds), Rugby History: The Remaking of the Class Game, ASSH Studies Series, No22, Melbourne, Australia, 2007.
Appointments:
- (Current) Visiting Summer Fellow in Sports Law, University of New South Wales, Sydney, Australia
- Former Puisne Judge, High Court of Fiji and ex-officio Justice, Fiji Court of Appeal
- Former Adjunct Professor, Boston University, Sydney Internship Program, Australia
- Former Sessional Lecturer, LLB program, University of New South Wales, Australia
- Former Sessional Lecturer, LLM Program, University of New England, Australia
- Former Sessional Associate Lecturer, LLB program, Macquarie University, Australia
- Former Solicitor in both Sydney and Melbourne, Australia
- Former university and sports administrator
Memberships:
- The South Eastern Circuit
- Personal Injury Bar Association
- British Association for Sport and Law
- NSW Bar Association, Australia
- Australian Society for Sports History
Contact Dr Thomas Hickie
Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk
.jpg)