The judge handling the case brought by Fiji's ousted Chief Justice Daniel Fatiaki has asked that the matter be heard by another judge.
In the High Court in Suva this morning, judge Justice Divendhra Pathik was scheduled to set a hearing date but this did not take place.
He has relinquished the case.
Fiji Live says no reason has been given for this.
Lawyers will be informed of the date when the case will be called before a new judge.
Mr Fatiaki is challenging his sacking by the interim regime following the 2006 coup.
He has also taken legal action against the members of the tribunal appointed by the President to investigate him.