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Mortimer v Fe'aomoeata [2015] TOCA 5; AC 2 of 2015 & AC 28 of 2014 (31 March 2015)

IN THE COURT OF APPEAL OF TONGA

LAND JURISDICTION AC 2 of 2015 & AC 28 of 2014
NUKU'ALOFA REGISTRY [LA12 of 2012]

BETWEEN:

1. RICHARD MORTIMER
2. ERIC STARK
Appellants

AND:

1. PIEA FE'AOMOEATA
2. TUPOU FE'AOMOEATA
3. NESHA ROSIC
4. GORDON ALLISON
5. MAKAFILIA MAFI
6. TU'A TAUMOEPEAU
7. KINGDOM OF TONGA
8. ESCAPE TONGA LIMITED
9. ISLAND REAL ESTATE LIMITED
Respondents

Coram: Salmon J
Moore J
Blanchard J

Counsel: Mr Niu SC for the Appellant
Mrs Vaihu the First, Second, Third and
Ninth Respondents
Mr Kefu A/AG for the Sixth and Seventh Respondents

Date of Hearing: 25 March 2015
Date of Judgment: 31 March 2015

JUDGMENT OF THE COURT

[1] This is an appeal against a judgment of a Judge of the Land Court determining that the Land Court had no jurisdiction in proceedings which had been commenced by the appellants. The appellants also appeal against a particular costs order made by the trial Judge.

[2] The proceedings were commenced by a summons and statement of claim filed in the Land Court by the appellants. The statement of claim recited, in some detail, the appellants' account of the facts. The events leading to the litigation were also described by the trial judge in his reasons for judgment of 18 December 2014. What emerges from the appellants' pleadings and the judgment is the following.

[3] The appellants reside overseas. The first appellant, Mr Richard Mortimer, entered an agreement expressed to be a Tenancy Agreement on 16 February 2006. The other parties to the Agreement were Moleni Fonokalafi Fe'aomoeata, his wife Tupou Fe'aomoeata and their son Piea Fe'aomoeata. The son and the mother were the first and second defendants in the proceedings below and are the first and second respondents in the appeal.