The application for leave for judicial review by the One Hundred Sands Limited has been refused by the Suva High Court this afternoon.
The company was given a license for the construction of the $290 million casino and resort in Denarau.
It took the government to court after their license was revoked in February this year by Minister for Justice and the Attorney General.
During his judgement Justice David Alfred highlighted that by looking at all the evidence, One Hundred Sands Limited has failed to satisfy him that they have an arguable case.
He added that the Attorney General’s decision was legally correct, rational and justified.
He said the Minister for Justice followed the correct procedure to revoke the licence after the company failed to comply with conditions in the license.
Earlier this month Company lawyer Devinesh Sharma said the decision by government was made after the first sitting of parliament.
He added that he understands that under the 2013 Constitution, only executive decisions made between 5th December 2006 and the first sitting of parliament cannot be challenged.
However Solicitor General Sharvada Sharma argued in his submission that the constitution states that this matter cannot be challenged as the Gaming Decree came into place in 2009.
Sharvada Sharma said the interpretation made by Devinesh Sharma was incorrect because they are seeking leave to move for a judicial review on the minister’s decision to revoke the license and the High Court does not have the jurisdiction to hear this case.
The construction of the casino was to have started in 2012.
However there was very little progress seen at the site.
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