Tonga Law Reports - [2001] Tonga LR

[Home] [Databases] [WorldLII] [Search] [Copyright] [Privacy] [Disclaimers] [Help] [Feedback]
Tonga Law Reports - [2001] Tonga LR - Subject Index

You are here: PacLII >> Databases >> TOLawRp >> Tonga Law Reports - [2001] Tonga LR - Subject Index

Tonga Law Reports - [2001] Tonga LR - Subject Index

TONGA LAW REPORTS

2001

EDITOR:

Ms Janine Ford LLB

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

INDEX OF SUBJECT MATTER

PAGE

BAIL

Application to be released until appeal determined – could not use jurors' affidavits as evidence – new application needed
    Paea v R (SC)

14

COMMERCIAL LAW

Security for loan – security did not belong to defendant
    Tonga Development Bank v Carafa (SC)
260

COMPANY LAW

Effect of not reregistering company on legal status of company – still able to litigate
    Fukofuka v Peacock (SC)
86

CONTRACT LAW

Agreement for sale and purchase of ‘api – unfair and oppressive
    Fonohema v Piukala (LC)
286

Common mistake involving house - remedied
    Tonga Development Bank v Howard (SC)
25

Interpretation of terms of refund
    Reisedienst Quick Tours Ltd v Fischer (CA)
197

Once possession and title pass to purchaser vendor has no right to repossession
    Fukofuka v Peacock (SC)
86

COSTS

Against Crown – slovenly preparation led to delay
    R v Tupou (CA)
169

Amount awarded would have fallen into jurisdiction of lower court – winning party's costs reduced accordingly
    Knab v Hoeller (SC)

83

Solicitor and client basis claimed – have to be exceptional case
    South Pac Builders Supplies Ltd v Naidu (SC)
33

Whether defendant received portion of loan – plaintiff established its claim
    Tonga Development Bank v Helu (SC)
325

CREDITORS’ REMEDIES
Proof of debt – counterclaim
    Pacific Royale Hotel Ltd v Teta Tours (SC)

306

CRIMINAL LAW

Abetment – defence of duress
    R v Makahununiu (SC)
127

Abetment of armed robbery – knew offence was being committed
    R v Tukia (SC)
22

Criminal defamation – absolute privilege – group petition to the King
    R v Simiki (SC)
320

Incest – no corroboration or credible witnesses
    R v Mo'unga (SC)
1

Indecent assault – Crown to prove indecent intention – failed to so prove
    R v Filise (SC)
312

Joint enterprise – common intention gauged from conduct
    R v Fakatava (SC)
76

Perjury – insufficient evidence
    R v Tauelangi (SC)
266

Rape – must prove lack of consent beyond reasonable doubt
    R v Sole (SC)
248

CRIMINAL PROCEDURE

Clerk not required to physically write out summons
   Taufa v Police Department (CA)
202

Entitlement to jury trial
    Police v Tapueluelu (SC)
95

Indictment limited to five counts – onus on prosecutor to comply
    R v Tangata'iloa (SC)
44

No specific dates and months on summons – no prejudice to appellant
    Taufa v Police Department (CA)
202

DAMAGES

Appeal against quantum – appeal allowed and damages reduced
    Kingdom of Tonga v Havea (CA)
172

Assault – amount awarded much less than amount claimed
    Knab v Hoeller (SC)
83

Assault by police – assessment
    Fatongiatau v Hausia (SC)
    Fetu'u'aho v Vete (SC)
252
255

Calculated based on effect on plaintiff - not his family
    Taufa v Editor of Taimi 'O Tonga (SC)
101

Calculation for negligence – loss of use of van
    Tukutau v Masoe (SC)
116

DEFAMATION

Publication of correction and apology far less prominently than article – showed lack of intent to remedy the wrong
    Taufa v Editor of Taimi 'O Tonga (SC)

101

Qualified privilege – jury to decide whether motive improper
    Tu'i'onetoa v Pohiva (SC)
    Tu'i'onetoa v Pohiva (CA)
54
58

DISCOVERY

Non-compliance – reflected in costs award
    South Pac Builders Supplies Ltd v Naidu (SC)
33

DISSOLUTION OF MARRIAGE

Unreasonable behavior – ordinary wear and tear of married life
   Fe'ao v Fe'ao (FC)
243

EMPLOYMENT LAW

Unfair dismissal – breach of natural justice – not proved
    To'ia v Tonga Visitors Bureau (SC)
329

EQUITY

Burdensome contractual obligations – no relief
    Tonga Development Bank v Helu (SC)
325

Estoppel – defence between parties to agreement
    Salvation Army (Tonga) Trust v Nau (LC)
66

EVIDENCE

Admissibility of statements made by accused – voir dire hearing
    R v Makahununiu (SC)
122

FAMILY LAW

Divorce application – granted on basis of unreasonable behaviour
    Mamata v 'Akolo (SC)
300

Maintenance payments - committal for non-payment
    Holameitinga v Holameitonga (SC)
147

INSURANCE

Exclusion clause – “reckless” and “dangerous” not proved – insurer liable
    To'a v National Pacific Insurance Ltd (CA)
189

JUDICIAL REVIEW

Abuse of process to bring ordinary action for public law elements
   Tapueluelu v Soakimi (SC)
105

LAND LAW

Agreement for sale and purchase of ‘api – unclear terms of contract
    Fonohema v Piukala (LC)
286

Agreement to register land in respondent’s name – found agreement
    Hafoka v Mokofisi (CA)
179

Buildings not fixtures – personal property
    Cowley v Tourist Services Ha'pai Ltd and Fund Management Ltd (CA)
183

Competing interests in allotment – good faith
    Salvation Army (Tonga) Trust v Nau (LC)
66

Damages – loss of amenity
    Kingdom of Tonga v Havea (CA)
172

Declaration sought that lease was valid
    Kaufusi v Tauniuvlau (SC)
155

Dwellinghouse – did not form part of the land on which it stood
    Tonga Development Bank v Carafa (SC)
260

Lack of prior consultation by Minister – does not make grant invalid
    Minister of Lands v Finau (CA)
221

Sub-leases contained obvious mistake – true construction valid sub-lease
    Cowley v Tourist Services Ha'pai Ltd and Fund Management Ltd (CA)
183

Succession rules – not to younger brothers
    Langi v Lafo'ou (LC)
135

LAW PRACTITIONERS

Conflict of interest – abused relationship of trust
    Fonohema v Piukala (LC)
286

MISREPRESENTATION AND FRAUD

Embezzlement – sentencing
    Wall v R (CA)
238

Independent evidence to decide
    Tuaimei'uta v Prema (CA)
215

Sentencing – Crown appeal against fine
    R v Naidu (CA)
229

NATURAL JUSTICE

Breach thereof – no opportunity to answer concerns
    Langi v Lafo'ou (LC)
135

NEGLIGENCE

Breach of duty of care – proximity and liability of police
    Jagroop v Sokai and the Kingdom of Tonga (CA)
234

PRACTICE AND PROCEDURE

Appeal against jury verdict – open to jury to accept evidence
    Tu'i'onetoa v Pohiva (CA)
58

Appeal against strike out – cause of action may succeed
    Jagroop v Sokai and the Kingdom of Tonga (CA)
234

Application to amend petition – not bona fide so application refused
    Mamata v 'Akolo (SC)
300

Application to call fresh evidence – knew at time of trial
    Tuaimei'uta v Prema (CA)
215

Doctor's affidavit late – valid attempt
    Piukala v Bank of Tonga (CA)
210

Interpleader proceedings to set aside default judgment
    Tonga Development Bank v Carafa (SC)
260

No case to answer submission
    Fukofuka v Peacock (SC)
    R v Tauelangi (SC)
86
266

Non-compliance with 'unless' order – time extended
    Hoeller v Knab (SC)
48

Notice of Motion for contempt of court – insufficient evidence
    Attorney-General v Saulala anors (SC)
110

Strike out application – abuse of process – should have brought judicial review proceedings
    Tapueluelu v Soakimi (SC)
105

Time extension to file affidavits
    Attorney-General v Moala and anor (SC)
144

PRISONS

Calculation of early release date – burden of proof for each element
    Ta'ufo'ou v Prisons Department (SC)
7

Calculation of release date – started on the day after commitment order
    Fifita and Naitoko v Minister of Police (SC)
18

Place of detention – police cells not ultra vires detention order
    Fifita and Naitoko v Minister of Police (SC)
18

SENTENCING

Appeal against embezzlement sentence – plea of guilty
    Wall v R (CA)
238

Appeal against sentence – guilty plea
   Matekuolava v R (SC)
276

Appeal against severity of sentence – assault
    Vea v Police (SC)
281

Appeal against severity of sentence – custodial sentence too severe
    Prescott v Police (SC)
317

Appeal against severity of sentence – no understanding of Tongan language
    Narayan v Police (SC)
270

Crown appeal against fine imposed – forgery – non-custodial sentence
    R v Naidu (CA)
229

Mitigating factors had too much weight – too lenient
    R v Holani (CA)
161

Possession of marijuana – quantity a factor in sentencing
    Uaisele v Police (SC)
39

Suspension of custodial sentence – criteria
    Tukuafu v Police (SC)
151

TORT

False imprisonment – calculation of release date from prison
    Ta'ufo'ou v Prisons Department (SC)
    Ta'ufo'ou v Prisons Department (CA)
7
11

PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/to/indices/cases/TLR_2001_Index.html

INDEX OF SUBJECT MATTER	PAGE

BAIL
Application to be released until appeal determined – could not use jurors' affidavits as evidence – new application needed Paea v R (SC)	14

COMMERCIAL LAW
Security for loan – security did not belong to defendant Tonga Development Bank v Carafa (SC)	260

COMPANY LAW
Effect of not reregistering company on legal status of company – still able to litigate Fukofuka v Peacock (SC)	86

CONTRACT LAW
Agreement for sale and purchase of ‘api – unfair and oppressive Fonohema v Piukala (LC)	286
Common mistake involving house - remedied Tonga Development Bank v Howard (SC)	25
Interpretation of terms of refund Reisedienst Quick Tours Ltd v Fischer (CA)	197
Once possession and title pass to purchaser vendor has no right to repossession Fukofuka v Peacock (SC)	86

COSTS
Against Crown – slovenly preparation led to delay R v Tupou (CA)	169
Amount awarded would have fallen into jurisdiction of lower court – winning party's costs reduced accordingly Knab v Hoeller (SC)	83
Solicitor and client basis claimed – have to be exceptional case South Pac Builders Supplies Ltd v Naidu (SC)	33
Whether defendant received portion of loan – plaintiff established its claim Tonga Development Bank v Helu (SC)	325

CREDITORS’ REMEDIES Proof of debt – counterclaim Pacific Royale Hotel Ltd v Teta Tours (SC)	306

CRIMINAL LAW
Abetment – defence of duress R v Makahununiu (SC)	127
Abetment of armed robbery – knew offence was being committed R v Tukia (SC)	22
Criminal defamation – absolute privilege – group petition to the King R v Simiki (SC)	320
Incest – no corroboration or credible witnesses R v Mo'unga (SC)	1
Indecent assault – Crown to prove indecent intention – failed to so prove R v Filise (SC)	312
Joint enterprise – common intention gauged from conduct R v Fakatava (SC)	76
Perjury – insufficient evidence R v Tauelangi (SC)	266
Rape – must prove lack of consent beyond reasonable doubt R v Sole (SC)	248

CRIMINAL PROCEDURE
Clerk not required to physically write out summons Taufa v Police Department (CA)	202
Entitlement to jury trial Police v Tapueluelu (SC)	95
Indictment limited to five counts – onus on prosecutor to comply R v Tangata'iloa (SC)	44
No specific dates and months on summons – no prejudice to appellant Taufa v Police Department (CA)	202

DAMAGES
Appeal against quantum – appeal allowed and damages reduced Kingdom of Tonga v Havea (CA)	172
Assault – amount awarded much less than amount claimed Knab v Hoeller (SC)	83
Assault by police – assessment Fatongiatau v Hausia (SC) Fetu'u'aho v Vete (SC)	252 255
Calculated based on effect on plaintiff - not his family Taufa v Editor of Taimi 'O Tonga (SC)	101
Calculation for negligence – loss of use of van Tukutau v Masoe (SC)	116

DEFAMATION
Publication of correction and apology far less prominently than article – showed lack of intent to remedy the wrong Taufa v Editor of Taimi 'O Tonga (SC)	101
Qualified privilege – jury to decide whether motive improper Tu'i'onetoa v Pohiva (SC) Tu'i'onetoa v Pohiva (CA)	54 58

DISCOVERY
Non-compliance – reflected in costs award South Pac Builders Supplies Ltd v Naidu (SC)	33

DISSOLUTION OF MARRIAGE
Unreasonable behavior – ordinary wear and tear of married life Fe'ao v Fe'ao (FC)	243

EMPLOYMENT LAW
Unfair dismissal – breach of natural justice – not proved To'ia v Tonga Visitors Bureau (SC)	329

EQUITY
Burdensome contractual obligations – no relief Tonga Development Bank v Helu (SC)	325
Estoppel – defence between parties to agreement Salvation Army (Tonga) Trust v Nau (LC)	66

EVIDENCE
Admissibility of statements made by accused – voir dire hearing R v Makahununiu (SC)	122

FAMILY LAW
Divorce application – granted on basis of unreasonable behaviour Mamata v 'Akolo (SC)	300
Maintenance payments - committal for non-payment Holameitinga v Holameitonga (SC)	147

INSURANCE
Exclusion clause – “reckless” and “dangerous” not proved – insurer liable To'a v National Pacific Insurance Ltd (CA)	189

JUDICIAL REVIEW
Abuse of process to bring ordinary action for public law elements Tapueluelu v Soakimi (SC)	105

LAND LAW
Agreement for sale and purchase of ‘api – unclear terms of contract Fonohema v Piukala (LC)	286
Agreement to register land in respondent’s name – found agreement Hafoka v Mokofisi (CA)	179
Buildings not fixtures – personal property Cowley v Tourist Services Ha'pai Ltd and Fund Management Ltd (CA)	183
Competing interests in allotment – good faith Salvation Army (Tonga) Trust v Nau (LC)	66
Damages – loss of amenity Kingdom of Tonga v Havea (CA)	172
Declaration sought that lease was valid Kaufusi v Tauniuvlau (SC)	155
Dwellinghouse – did not form part of the land on which it stood Tonga Development Bank v Carafa (SC)	260
Lack of prior consultation by Minister – does not make grant invalid Minister of Lands v Finau (CA)	221
Sub-leases contained obvious mistake – true construction valid sub-lease Cowley v Tourist Services Ha'pai Ltd and Fund Management Ltd (CA)	183
Succession rules – not to younger brothers Langi v Lafo'ou (LC)	135

LAW PRACTITIONERS
Conflict of interest – abused relationship of trust Fonohema v Piukala (LC)	286

MISREPRESENTATION AND FRAUD
Embezzlement – sentencing Wall v R (CA)	238
Independent evidence to decide Tuaimei'uta v Prema (CA)	215
Sentencing – Crown appeal against fine R v Naidu (CA)	229

NATURAL JUSTICE
Breach thereof – no opportunity to answer concerns Langi v Lafo'ou (LC)	135

NEGLIGENCE
Breach of duty of care – proximity and liability of police Jagroop v Sokai and the Kingdom of Tonga (CA)	234

PRACTICE AND PROCEDURE
Appeal against jury verdict – open to jury to accept evidence Tu'i'onetoa v Pohiva (CA)	58
Appeal against strike out – cause of action may succeed Jagroop v Sokai and the Kingdom of Tonga (CA)	234
Application to amend petition – not bona fide so application refused Mamata v 'Akolo (SC)	300
Application to call fresh evidence – knew at time of trial Tuaimei'uta v Prema (CA)	215
Doctor's affidavit late – valid attempt Piukala v Bank of Tonga (CA)	210
Interpleader proceedings to set aside default judgment Tonga Development Bank v Carafa (SC)	260
No case to answer submission Fukofuka v Peacock (SC) R v Tauelangi (SC)	86 266
Non-compliance with 'unless' order – time extended Hoeller v Knab (SC)	48
Notice of Motion for contempt of court – insufficient evidence Attorney-General v Saulala anors (SC)	110
Strike out application – abuse of process – should have brought judicial review proceedings Tapueluelu v Soakimi (SC)	105
Time extension to file affidavits Attorney-General v Moala and anor (SC)	144

PRISONS
Calculation of early release date – burden of proof for each element Ta'ufo'ou v Prisons Department (SC)	7
Calculation of release date – started on the day after commitment order Fifita and Naitoko v Minister of Police (SC)	18
Place of detention – police cells not ultra vires detention order Fifita and Naitoko v Minister of Police (SC)	18

SENTENCING
Appeal against embezzlement sentence – plea of guilty Wall v R (CA)	238
Appeal against sentence – guilty plea Matekuolava v R (SC)	276
Appeal against severity of sentence – assault Vea v Police (SC)	281
Appeal against severity of sentence – custodial sentence too severe Prescott v Police (SC)	317
Appeal against severity of sentence – no understanding of Tongan language Narayan v Police (SC)	270
Crown appeal against fine imposed – forgery – non-custodial sentence R v Naidu (CA)	229
Mitigating factors had too much weight – too lenient R v Holani (CA)	161
Possession of marijuana – quantity a factor in sentencing Uaisele v Police (SC)	39
Suspension of custodial sentence – criteria Tukuafu v Police (SC)	151

TORT
False imprisonment – calculation of release date from prison Ta'ufo'ou v Prisons Department (SC) Ta'ufo'ou v Prisons Department (CA)	7 11