[Home] [Databases] [WorldLII] [Search] [Copyright] [Privacy] [Disclaimers] [Help] [Feedback] Tonga Law Reports - [2009] Tonga LR - Subject Index

You are here:  PacLII >> Databases >> TOLawRp >> Tonga Law Reports - [2009] Tonga LR - Subject Index

Tonga Law Reports - [2009] Tonga LR - Subject Index

TONGA LAW REPORTS

2009

 

EDITOR:

Ms Janine Ford LLB

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

INDEX OF SUBJECT MATTER	PAGE
AGENCY
Question of authority and whether principal – defendant failed to establish liability        Moapa Enterprises Trading as JM Store v Island Beverage Ltd (SC)	265
BAIL
application for bail pending appeal – only where reasonable prospect of appeal success – application refused     Kaho v R (SC)     Salt v R (SC)	466 515
CIVIL
appeal – police assault and unlawful imprisonment – exemplary damages claimed     Hurrell v Naufahu anors (CA)	319
damage to water tank – found plaintiff had no property in tank – could not bring claim     Allison anors v Tu'ipulotu (SC)	224
ownership of building – credibility crucial     Kafovalu v Banks; The Way Christian Fellowship v Vivi anor (SC)	8
COMPANY LAW
application to put liquidation orders aside – failed to establish it would be just and equitable     Kava v Australia and New Zealand Banking Group Limited (SC)	420
CRIMINAL LAW
abetment of theft – all elements proved beyond reasonable doubt     R v Maile (SC)	35
appeal against conviction – no evidence of one element of offence – Crown conceded     Sa'ili v Police (SC)	496
appeal against conviction and sentence     Manakofua anor v Police (SC)	285
attempted robbery and grievous bodily harm – appeal against conviction and sentence – conviction stands – no probation report – sentence to be reconsidered by Supreme Court     Langi v R (CA)	338
bodily harm charge – issue as to identification     R v Piutau (SC)	54
firearms offences – question as to identification of accused     R v 'Iongi anor (SC)	414
fraudulent conversion of property and interference with course of justice – appeal against sentence – originally no enquiry as to means of appellant     Pouvalu v R (CA)	364
grievous bodily harm – appeal against conviction – self-defence pleaded     Azuelo v R (CA)	149
grievous bodily harm – defence of self-defence rejected     R v Azuelo (SC)	140
grievous bodily harm – issue as to whether harm was grievous     R v Piutau (SC)	54
housebreaking, theft, and receiving – counts 2-6 proved     R v Guttenbeil (SC)	123
indecent assault of daughter – doubts of veracity of allegations     R v Vaha'i (SC)	400
possession of arms and ammunition – no knowledge of presence – no possession     R v Yang Yu Zhen (SC)	481
repeat offender – guilty plea – mother of three – cumulative sentences imposed     R v Kula (SC)	394
robbery – appeal against conviction – evidence rejected without explanation – unsafe conviction – retrial ordered     Pisima'ake v R (CA)	312
robbery – issue as to identity – defendant guilty     R v Nisifolo (SC)	27
CRIMINAL PROCEDURE
misdirection of jury – obtaining goods by false pretences – miscarriage of justice – conviction quashed     Kami v R (CA)	370
CUSTODY
two children aged 6 and 7 – best interests of the child considered – custody awarded to mother     Paasi v Toutai anor (SC)	112
DAMAGES
appeal against quantum awarded – unlawful punishments in prison – award varied     Kingdom of Tonga v Lolohea (CA)	190
formal proof after collision – claim properly made out and damages awarded     Toki anor v Simiki (SC)	119
unlawful punishments in prison – quantum determined     Lolohea v Kingdom of Tonga (SC)	168
DEBT
claim to recover loan money – no economic duress found     Australia and New Zealand Banking Group Ltd v 'Aukafolau anor (SC)	221
DEBT RECOVERY
bailiff seized property – judgment debtor non-legal entity – could still be enforced against individual owners - seized goods could be sold     Pacific Royale Hotel v Tevita Siale Trading As Siale Tyre Shop (SC)	450
DEFAMATION
amount claimed should be substantiated – sum required strict proof     Uasi v 'Ahokava (SC)	159
appeal – statutory offence required mens rea – no mens rea     Pohiva v R (CA)	348
appeal against damages awarded – excessive     Taunauta anors v Malupo (SC)	75
appeal against reduction in damages – imputation of unchastity to a woman     Malupo v Taunauta anors (CA)	83
DIVORCE
adultery allegation needs co-respondent joined – not named     Vaiangina v Lopeti (SC)	448
adultery proved – divorce granted     Paasi v Toutai anor (SC)	112
ground of unreasonable behaviour – ground not established     Tonga v Falepapalangi (SC)	288
EMPLOYMENT LAW
dismissed before police report received – wrongful dismissal claim – unreasonable conduct of employer     Moengangongo v Leiola Group Ltd (SC)	232
wrongful dismissal – found the plaintiff acted fraudulently     Takai v Westpac Bank of Tonga (SC)	296
wrongful dismissal – Superintendent of Prisons     Kingdom of Tonga v Palu aka Tapueluelu, Palu aka Tapueluelu v Kingdom of Tonga (CA)	86
wrongful dismissal – whether leave without pay approved – evidence did not show that leave approved     Lemoto v Gardiner anor (SC)	1
ESTOPPEL
eviction sought – relied on agreement to be joint tenant    Vea v Filipe (LC)	293
EVIDENCE
false evidence given – rejected and accused acquitted     R v Yang Yu Zhen (SC)	481
INSURANCE LAW
life insurance – non-disclosure of pre-existing medical condition     Latu v Family Assurance Limited (SC)	476
JUDICIAL NOTICE
finder of fact may not act on personal knowledge     Hurrell v Naufahu anors (CA)	319
LAND LAW
dispute over purported grant of land – defendants were in lawful occupation of land     Vainikolo v Kaihea anor (LC)	201
eviction sought – agreement to be joint tenants – estopped from evicting defendant     Vea v Filipe (LC)	293
order to vacate land not complied with – contempt of court – liable to imprisonment if not complied with     Koloi v Finau (LC)	290
purported power of attorney – fraudulent – tenancy agreement invalid     Valevale v Loto'aniu anor (LC)	278
registration of land – Minister not given full information and acted mistakenly     Mateni v Pulileka anor (LC)	410
LEGITIMACY
application to change birth certificate record to illegitimate - incorrect birth certificate     Latu for Illegitimation of Birth, Application by (SC)	262
LICENCE TO OCCUPY LAND
terms of licence – breached through rental agreement     Maka v Kainga anor (SC)	499
MAGISTRATES' COURT
appeal against decision – against fine imposed – must be means enquiry before fine imposed     Pohiva anor v Police (SC)	41
appeal against decision – findings of fact not recorded     Uasi v 'Ahokava anor (SC)	164
appeal against decision – Magistrate erred in law     Allison anors v Tu'ipulotu (SC)	224
appeal against decision – no reason to disturb Magistrate's findings     Tonga Water Board v Fua anor (SC)	227
appeal against decision – no reason to interfere with findings     Uasi v 'Ahokava (SC)	159
MOTOR VEHICLE ACCIDENT
appeal against Magistrate's findings – dismissed     Tonga Water Board v Fua anor (SC)	227
PRACTICE AND PROCEDURE
appeal against refusal to set aside default judgment – judge did not consider merit of defence pleaded     Moehau anors v Pacific Stores Limited (CA)	382
appeals against strike out of statements of claim – discussion of malicious prosecution     Tu'ivai v Kingdom of Tonga (CA)	97
application for extension of time to appeal – length of delay significant and unexplained     Moapa Enterprises Trading as JM Store v Island Beverage Ltd (SC)	273
application for leave to appeal – against orders setting aside default judgment – judgment should not have been granted     Hoar anor v Du Bois anor (CA)	358
application for leave to appeal out of time     Tu'ivai v Tonga Development Bank (CA)	329
application for rehearing – must be finality to litigation     Tu'ivai v Tonga Development Bank (CA)	336
application for security for costs – strong case and unjust if unable to pursue     Vea anor v Vea anors (LC)	460
application for stay of judgment – no grounds     Koloi v Finau (LC)	290
application for summary judgment – arguable defence     Eco-Friendz Limited v Island Beverage Limited (SC)	456
application for summary judgment – triable issues     Australian and New Zealand Banking Group Ltd v Tatola (LC)	49
application to set aside court orders – court was not persuaded    Pohiva anors v Solomon (CA)	253
application to strike out – no chance of success     Latu for Illegitimation of Birth, Application by (SC)	262
application to strike out – reasonable cause of action – plaintiff had standing     The Church of Jesus Christ of Latter Day Saints in Tonga Trust Board v Fepale anors (LC)	258
application to strike out defence     Edwards anors v Senituli anors (SC)	386
applications to strike out and for security for costs     Schaumkel v Australia and New Zealand Banking Group Ltd (SC)	256
ex parte interim orders made – application to set aside – inappropriate to determine matters on ex parte basis     Saulala anor v Taumoepeau anors (SC)	51
injunction sought seizing business – doubt as to liability of defendants     Polynesian Limited v Fonua anor (SC)	260
interim orders sought – to preserve assets pending resolution     Cho anors v Hwang anor (SC)	473
leave to appeal against interlocutory order – discretionary interlocutory application     Hottsie Anne Co Ltd v Australia and New Zealand Banking Group (CA)	353
order sought for release of bus from repairer – contract issue to be resolved     Tu'ivai v Nalesoni anor (SC)	458
parties bound by pleadings     Hurrell v Naufahu anors (CA)	319
parties reached agreement     Fusitu'a v Honourable Tuita (CA)	381
security for costs application     Oceania Printing Technologies Ltd v PSS Ltd (SC)	250
summary judgment application in Land Court – unnecessary to decide whether Land Court had power     Australian and New Zealand Banking Group Ltd v Tatola (LC)	49
SENTENCING
fraud and forgery – guilty plea – 2½ years imprisonment     R v Taufa (SC)	462
grievous bodily harm and attempted robbery – 18 years total imprisonment – revoked and replaced with 8 years imprisonment     R v Langi (SC)	342
TORT
claim against police – unlawful arrest, false imprisonment, and assault     To'a v Inu anors (SC)	57
false imprisonment by police – strict liability – no aggravated damages     Tongi v Kingdom of Tonga (SC)	157
unlawful arrest, false imprisonment, and assault – appeal against dismissal of claim     To'a v Inu anors (CA)	66