Home | Databases | WorldLII | Search | Feedback Court of Appeal of Tonga

Fonua v Tonga Communications Corporation Ltd [2009] TOCA 3; AC 04-2008 (10 July 2009)

IN THE COURT OF APPEAL OF TONGA
NUKU’ALOFA REGISTRY

AC 04 of 2008

BETWEEN:

SIOSAIA FONUA
Appellant

AND:

TONGA COMMUNICATIONS COPORATION LIMITED
Respondent

Coram: Burchett J
Salmon J
Moore J

Counsel: Mr. Niu for the Appellant
Mr.Tu’utafaiva for the Respondent

Date of hearing: 29 June 2009.
Date of judgment: 10 July 2009.

JUDGMENT OF THE COURT

[1] We are dealing with what purports to be an application for leave to appeal out of time against a judgment of Andrew J of 14 December 2007. The application is incompetent and should be dismissed on that basis. In order to explain why we have reached this conclusion it is desirable to set out in a very summary way, the history of the litigation between the parties.

[2] Mr Fonua, the applicant in this matter, had been employed by the Tonga Telecommunications Commission until July 1999. He was then the Chief Engineer. He left that employment in controversial circumstances. In due course he commenced proceedings in the Supreme Court claiming he had been wrongfully dismissed. In a judgment of Ward CJ in 2003, that claim was rejected but the Chief Justice determined Mr Fonua was entitled to a pension. The Commission appealed against the determination that Mr Fonua was entitled to a pension. In 2005, the Court of Appeal allowed the appeal, concluding Mr Fonua was not entitled to a pension.

[3] In later proceedings in the Court of Appeal in 2006, Mr Fonua successfully obtained leave to appeal out of time against the original judgment of the Chief Justice rejecting the claim that he had been wrongfully dismissed. This appeal was successful and the Court Appeal determined Mr Fonua had, as a matter of law, been dismissed and that the dismissal was unlawful. The matter was remitted to the Supreme Court to determine damages. That assessment was undertaken by Andrew J who gave judgment on damages on 14 December 2007. This is the judgment to which the present proceedings relate.