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Tonga Water Board v Fua [2009] TongaLawRp 21; [2009] Tonga LR 227 (22 May 2009)

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

AM 26/08

Tonga Water Board

v

Fua anor

Shuster J
22 May 2009; 22 May 2009

Appeal against Magistrate's decision – no reason to disturb Magistrate's findings – appeal dismissed
Motor vehicle accident – appeal against Magistrate's findings – dismissed

On 24 January 2008 a two vehicle motor vehicle accident occurred. The Magistrate found that the van belonging to the Tongan Water Board caused the accident by not giving way at the intersection and that the cost of the damage was $8,000. The appellant appealed the decision on the grounds that the decision was lawfully erred and was not in accordance with the witnesses.

Held:

1. A Higher Court would only interfere with the factual findings of a lower court in the clearest of cases. For example where the appellant court was able to conclude the Magistrate's decision was unsound, or that the Magistrate clearly came to the wrong conclusion.

2. It was impossible for the Court to say the learned Magistrate erred in any way shape or form when he considered the facts of the case. There was no basis to overturn the Magistrate's findings.

3. The appeal was dismissed.

Case considered:

Pa'ila vMa'u [2002] Tonga LR 114

Counsel for the appellant : Mr Fakahua
Counsel for the respondents : Ms Vaihu

Judgment and Ruling

This Appeal concerns a ruling in the Magistrates Court at Fasi, concerning civil case no. 86/08. The case is a civil dispute, concerning a motor vehicle accident which occurred on 24-01-08, and the subsequent assessment of the quantum of damages by the Magistrate sitting at Fasi.

It is not disputed that a two vehicle motor vehicle accident occurred on the 24-01-08 (as per the police report) dated the same day. What was in dispute is - who caused the said accident?

Court records indicate the substantive hearing took place on the 17-07-08 at Fasi Magistrates Court. The plaintiff claimed a global sum of $10,000.00 plus court fees and legal fees in the amount of $800.00 - as damages.

At the conclusion of the hearing of the case at Fasi, and after considering all the evidence which has been clearly documented; the Magistrate justified his reasons for his findings of facts- to be as follows:-

I Quote

1. I believe that the vehicle C 10927 was on his right side of Taufa'ahau road, and it was right that the Vaha'akolo road must give way to the main road.

2. The C 10927's indicator's light was not on.

3. That the Water Board's truck did not stop.