Fiji's High Court is being asked to throw out the case which challenges the overthrow of the government by the military in the December coup.
The lawyer for the military and interim administration filed an application in the court today to strike out the case on procedural grounds.
But, Tevita Fa, who's the lawyer for the SDL party which brought the case against the military, says the only argument the other side has is that it should be thrown out because there should have been a writ of summons, not an originating summons.
Mr Fa says it's a delaying tactic which won't succeed.
"This is just a waste of time, with all due respect, if that is all that he's asking, his case will be thrown out. I don't know when the decision will be made but they will serve the documents on me this afternoon and then we should be before the court when they will hear me on the 1st May."