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Mafi v Ramsay [2008] TongaLawRp 48; [2008] Tonga LR 245 (12 September 2008)

IN THE SUPREME COURT OF TONGA
Supreme Court, Nuku'alofa

CV 67/2008

Mafi

v

Ramsay

Andrew J
12 September 2008

Civil dispute – contract disagreement – interim injunction sought – defendant required to vacate premises

The defendant had been the owner and operator of the B.P. Service Station at Vaini. He had a supply agreement with B.P. under which the latter supplied all the equipment and the petroleum products. The defendant became indebted to B.P. in the sum of $162,703 59 and as a result he entered into an agreement between himself, B.P. and the plaintiff under which the plaintiff agreed to pay off the defendant's debts on the condition that he would operate and have full control of the service station until May 2011. The plaintiff paid off a significant amount of the debt and had paid rent to B.P. The defendant then claimed that he had signed the agreement under duress and he re-took possession of the service station. The plaintiff sought an injunction requiring him to vacate the premises.

Held:

1. It wass hardly duress for the defendants to claim that he had no choice but to enter into the agreement because he was so substantially in debt.

2. The balance of convenience favoured the grant of the interim injunction. The defendant, in wanting someone to pay off his debts while he took back the service station, seemed to want to have his cake and eat it too.

3. An injunction was issued requiring the defendant to vacate the service station and he and his family were ordered not to interfere or trespass on the premises.

Counsel for the plaintiff : Mr Fakahua
Counsel for the defendant : Mr Vaipulu

Judgment

The Plaintiff/Applicant seeks an interim injunction on this matter for orders that the Defendant be restrained:

"(i) from interfering and trespassing to the B.P. Service Station at Vaini and also members of his family agents, or any other persons acting on his behalf from interfering or trespassing on the B.P. Service Station at Vaini.

(ii) the defendant to vacate the B.P. Service Station at Vaini until further order of the Court.

(iii) a copy of this application, affidavit in support and this order together with a direction notice shall be served personally on the respondent herein within a period of 7 days of this date.

(iv) any police officer is authorised and directed to take whatever action may be reasonably necessary to give effect to the above orders."