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Tonga Law Reports - [1999] Tonga LR - Subject Index

TONGA LAW REPORTS

1999

 

EDITOR:

Ms Janine Ford LLB

A publication of the Ministry of Justice,
Nuku'alofa, Kingdom of Tonga

INDEX OF SUBJECT MATTER	PAGE
ADMINISTRATIVE LAW
Suspension of school pupil - natural justice - requirements fully met     Tukuafu v Kingdom of Tonga (CA)     Tukuafu v Kingdom of Tonga (SC)	127 60
Ultra vires - suspension of school pupil - principal had power to suspend     Tukuafu v Kingdom of Tonga (SC)	60
Ultra vires - suspension of school pupil - principal had power to suspend     Tukuafu v Kingdom of Tonga (CA)	127
Unincorporated body ruled by its constitution - must follow procedural rules     Talakai v 'Aipolo	89
AGENCY
Whether acting as principal or agent - held that liability as principal was not negatived     Ramanlal and Sons Ltd v Teta Tours Ltd (SC)     Teta Tours Ltd v Ramanlal & Sons Ltd (CA)	34 170
APPEAL
Finding by trial judge - function of appellate court - influence of demeanour of witness     Jin-Chuan v Li	140
BAIL
Should be good reason for depriving person of liberty - bail should have been granted     R v 'Ahokovi	239
CONSTITUTIONAL LAW
Outstanding order against candidates in election - names removed from ballot     Attorney General v Tupouniua	21
CONTEMPT OF COURT
Intention of defendant relevant to penalty     Attorney General v Ulakai	259
More serious when committed by officer of the Court     Attorney General v Ulakai	259
Publication of comments on credibility of witnesses during trial - deputy editor responsible     Attorney General v 'Akau'ola	71
Publication of comments on credibility of witnesses during trial - editor and reporter fined     Attorney General v Po'uhila	86
Real risk of prejudicing fair trial - balance with freedom of press     Attorney General v Ulakai	259
CONTRACT
Breach of agreement - no evidence therefore dismissed     Fonua v MBf Bank Ltd	4
Duress - payment sought to be returned on grounds of economic duress     Bank of Tonga v Tulikihakau	182
Interpretation - whether direct relationship or agency relationship     Ramanlal and Sons Ltd v Teta Tours Ltd (SC)     Teta Tours Ltd v Ramanlal & Sons Ltd (CA)	34 170
Undue influence of bank - no evidence therefore dismissed     Fonua v MBf Bank Ltd	4
COSTS
Borne as being in ordinary course of business - should be paid by unsuccessful party     Secretary of Fisheries v Lanivia	179
CREDITORS' REMEDIES
Application for writ of ne exeat regno - declined      Ramanlal & Sons Company Ltd v Cater	45
Vehicle seized under writ of distress - question of ownership of vehicle     Fifita v Bailiff Officers	158
CRIMINAL LAW
Abetting theft - theft not over even though complete     R v Funaki	256
Appeal against convictions on rape and indecent assault charges - appeal dismissed     Teisina v R	145
Common law defence to assault - available in Tonga     Giles v Police	102
Offences against the Drugs and Poisons Act - appeal against conviction dismissed     Tuita v R	152
Perjury - sentence where guilty plea     R v Uluilakepa	166
Sentencing for commercial growing of marijuana - sentence increased     Lolohea v Police	212
CRIMINAL PROCEDURE
Admissibility of written statement - no obligation on police to inform of right to consult a lawyer     Teisina v R	145
Bail when murder charge - discretion of the Court     R v Fotu	42
Jurisdiction of Magistrate in indictable offence - sentencing     R v Veamatahau	195
Magistrate's finding of fact - appellate court only interfere in exceptional circumstances     Giles v Police	102
Reasons for refusing bail - bail should have been granted     Bourke v Police	81
Right to bail - surrender of passport - factors to take into account - bail granted     Cater v R	67
Submission of no case to answer - based on credibility of witness     R v Kaufusi	15
Theft case stopped - could court convict of receiving on same evidence?     R v Kaufusi	15
CUSTOMS AND EXCISE
Defrauding the revenue - appeal against sentence     R v Fiu	189
Defrauding the revenue - sentencing     R v Polelei	110
DAMAGES
Loss of bargain - proper amount to be allowed     Jin-Chuan v Li	140
No evidence to quantify - hearing set for later date     Talakai v 'Aipolo	89
ELECTIONS
Candidates had outstanding orders against them - names removed from ballot     Attorney General v Tupouniua	21
EMPLOYMENT LAW
Probationary contract - unjustified dismissal     Koloa v Helu	227
Reasonableness is implied term of employment contract - employer breached this     Koloa v Helu	227
EVIDENCE
Death certificate - date where death is presumed by the Court     Application re Havea	243
INJUNCTION
Damages would be adequate remedy - injunction lifted     Touliki Trading Enterprises Ltd v Procorp Ltd	216
LAND LAW
Competing claims on an allotment - registered lease defeated unregistered claim     Taufa v Veamatahau	200
Pre-conditions to registration - surrender and payment of fee     Taufa v Veamatahau	200
Registration of title is final proof - must have Deed of Grant     Vuna v 'Ahio	245
LIMITATION PERIOD
Runs from the expiry of last loan agreement - prima facie claim is statute-barred     Bank of Tonga v Hautau	224
MAGISTRATES
Jurisdiction for trying indictable offence - sentencing     R v Veamatahau	195
Remanded appellant in custody - should have granted bail     Bourke v Police     R v 'Ahokovi	81 239
Sentencing power - should follow recent case law - sentence increased     Lolohea v Police	212
PRACTICE AND PROCEDURE
Application to set aside a judgment in default of defence - application granted     Jewett Cameron South Pacific Ltd v Tu'uholoaki	51
Application to strike out - action sufficiently pleaded - not struck out     Shell Company (Pacific Island) Ltd v Bank of Tonga	106
Application to strike out claim - no proof of claim - application granted     Kaufusi v Kingdom of Tonga (CA)	118
Claim for judicial review - previously refused - appeal dismissed     Faleola v Kingdom of Tonga	114
Costs - should be paid by unsuccessful party     Secretary of Fisheries v Lanivia	179
Costs where worthless action - solicitor/own client     Fonua v MBf Bank Ltd	4
Judicial review was new and separate action     Minister of Lands v Nai	135
Leave to apply for judicial review of dismissal - employment governed by contract - leave refused     Vaioleti v Tonga Development Bank	57
Motion to strike out - verbose statement of claim - motion denied     Masila v Helu	206
Pleading did not identify person or body that had malice - struck out     Kaufusi v Kingdom of Tonga (SC)	28
Power to order stay of criminal process - power could be invoked after conviction     R v Fiu	189
Service of documents - should follow directions     Bank of Tonga v Hautau	224
Strike out application - whether English legislation applies in Tonga     Tukuafu v Siakumi	1
Whether action for vicarious liability available in Tonga - claim possible     Tukuafu v Siakumi	1
SALE OF GOODS
Vehicle seized under writ of distress - question of ownership of vehicle - when does property pass?     Fifita v Bailiff Officers	158
SENTENCING
Fine should be within ability of offender to pay - fine reduced     R v Polelei	110
Perjury admitted - considerations in sentencing     R v Uluilakepa	166
Sentence imposed for offences against the Drugs and Poisons Act - not excessive     Tuita v R	152
STATUTORY INTERPRETATION
Amendment did not affect rights already acquired     Minister of Lands v Nai	135
Is the superintendent a prison officer? - commonsense approach     Edwards v Fifita	75
Judicial discretion removed where "shall" used - mandatory fine     R v Fiu	189
Meaning of "shall" - court has inherent power to reduce fine where unjust     R v Polelei	110
Offence of abetting - words all read together     R v Funaki	256
TORT
Claim of malicious prosecution - burden on plaintiff - particulars - burden not discharged     Kaufusi v Kingdom of Tonga (CA)	118
Intimidation - plaintiff claimed to have been intimidated into making payment     Bank of Tonga v Tulikihakau	182
Misfeasance in public office - is an available remedy     Vuna v 'Ahio	245