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Manako v Ha'amao Growers Company Ltd [2004] TongaLawRp 25; [2004] Tonga LR 209 (23 July 2004)

IN THE COURT OF APPEAL OF TONGA

Manako

v

Ha'amao Growers Company Ltd

Court of Appeal, Nuku'alofa
Burchett, Tompkins, and Salmon JJ
AC 14/03

23 July 2004

Practice and procedure – application for adjournment – granted

The appeal was set down for hearing on 23 July 2004. On that day, counsel for the appellant applied for an adjournment to the next sitting of the Court. Counsel for the respondent did not object.

Held:

1. The appeal was adjourned to the next sitting of the Court upon specified terms. If counsel for the respondent wanted to seek an order for security for costs any such application was to be made to the Supreme Court

Counsel for appellant: Mr Tu'utafaiva
Counsel for respondent: Mr Niu

Minute of the Court

[1] This appeal was set down for hearing at 10:00 a.m. today, 23 July 2004. Counsel for the appellant applied for an adjournment to the next sitting of this Court. Counsel for the respondent not objecting, the appeal was adjourned to the next sitting of this Court upon the following terms:

[a] Counsel for the appellant is to take all reasonable steps to obtain a copy of the transcript of the hearing in the Supreme Court as soon as is reasonably practicable.

[b] Not more than one month after receipt of the transcript, counsel for the appellant is to advise counsel for the respondent whether the appellant will proceed with the appeal.

[c] If the appellant elects to proceed with the appeal, he shall file a fresh notice of appeal within a further two weeks.

[d] The respondent is entitled to costs on the adjournment, the amount to be fixed by the Registrar if the parties are unable to agree.

[2] Counsel for the respondent indicated that he will be seeking an order for security for costs, if the appellant elects to proceed. Any such application is to be made to the Supreme Court.