s 42 HUMAN RIGHTS & ANTI-DISCRIMINATION COMMISSION ACT 2009 [HRA 42] (3) It is not a defence to proceedings under this section that the unfair discrimination or contravention of human rights was unintentional or without negligence on the part of the defendant, but the High Court must take the conduct of the defendant into account in deciding what remedy, if any, to grant. (4) In any proceedings under section 38, the High Court may make such award as to costs as it thinks fit, whether or not it grants any other remedy. (5) If the Proceedings Commissioner is a party to proceedings, any costs in the proceedings awarded against the Commissioner under subsection (4) must be paid by the Commission and the Commission is not entitled to be indemnified by the complainant or, as the case may be, the aggrieved person for such costs. (6) Notwithstanding anything contained in this Act, the High Court shall not have the jurisdiction to accept, hear, determine, or in any other way entertain, any proceeding or any application of any form whatsoever in a proceeding, which seeks to question or challenge the legality or validity of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009 or such other Decrees made or as may be made by the President, and the High Court shall not have the jurisdiction to grant any remedies in these proceedings or applications. (7) Any proceeding of any form whatsoever, as well as any application of any form whatsoever in a proceeding, seeking to challenge the validity or legality of the Fiji Constitution Amendment Act 1997 Revocation Decree 2009 or any other Decrees made by the President from 10 April 2009 or as may be made by the President, shall wholly terminate immediately upon the commencement of this Act, and a certificate to that effect shall be issued by the Chief Registrar to all parties to the proceeding. [HRA 41] Damages 41 (1) In proceedings under section 38 for unfair discrimination or a contravention of human rights, the High Court may award damages against the defendant in respect of any one or more of the following— (a) pecuniary loss suffered or expense incurred by the complainant or the aggrieved person as a result of the conduct complained of; (b) expenses reasonably incurred by the complainant or the aggrieved person in seeking redress for the conduct complained of; (c) loss of any benefit, whether or not of a monetary kind which the complainant or the aggrieved person might reasonably have been expected to obtain but for the conduct complained of; (d) humiliation, loss of dignity and injury to feelings of the complainant or the aggrieved person. (2) Subject to subsection (3), the Commission must pay any damages recovered by the Proceedings Commissioner under this section to the complainant or the aggrieved person on whose behalf the proceedings were brought. (3) If the complainant or the aggrieved person is a minor or a person of unsound mind the Proceedings Commissioner may, in his or her discretion, pay the damages to the Fiji Public Trustee Corporation Limited or to any person or trustee corporation acting as the trustee of the property of that person. [subs (3) am Act 31 of 2016 s 99, opn 1 Dec 2016] [HRA 42] Power to make interim order 42 (1) In respect of any matter which is the subject of an investigation by the Commission and in which the High Court has or may have jurisdiction, a Judge may make 10,823 Job: specialist/lof/allvols/serv_0/cap3a_399501 Page: 23 Date: 21/11/2016 Time: 23:31:5 bwpageid:: 10823:: bwservice::0:: Service 0