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Fusitu'a v Tuita [2009] TOLawRp 48; [2009] Tonga LR 381 (10 July 2009)

IN THE COURT APPEAL OF TONGA
Court of Appeal, Nuku'alofa

AC 21/2009

Fusitu'a

v

Honourable Tuita

Burchett, Salmon, and Moore JJ
8 July 2009; 10 July 2009

Practice and procedure – parties reached agreement – orders made

Argument in the appeal proceeded a short distance and counsel for the parties announced that they had reached an agreement as to the disposition of the appeal.

Held:

1. The parties reached agreement as to the disposition of the appeal. The Court made orders pursuant to that agreement.

Counsel for the appellant : Mrs Tupou
Counsel for the respondent : Mr Stanton

Memorandum of Orders of the Court

After argument in this appeal had proceeded a short distance, and following an adjournment, counsel for the parties announced that they had reached an agreement as to the disposition of the appeal. Pursuant to that agreement, by consent the Court orders that:

[1] The interim custody order the subject of the appeal be varied to the extent necessary to enable the appellant's application in respect of custody orders before the Supreme Court to be the subject of a mediation to commence on or as near as practicable to 21 August 2009 and (if not settled) to be brought before the Supreme Court for hearing on or as near as practicable to 19 October 2009;

[2] The parties seek an urgent directions hearing before the Chief Justice to confirm the precise dates and necessary time–tabling and other interlocutory orders to ensure the 30 matter is dealt with as proposed;

[3] There be no order as to the costs of the appeal of either party.