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Tu'ivai v Tonga Development Bank [2009] TongaLawRp 63; [2009] Tonga LR 336 (14 October 2009)

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

AC 1/2009

Tu'ivai

v

Tonga Development Bank

Salmon J
14 October 2009

Practice and procedure – application for rehearing – must be finality to litigation – refused

The plaintiff applied for a rehearing of a judgment of the Court of Appeal.

For the judgment of the Court of Appeal, see Tu'ivai v Tonga Development Bank [2009] Tonga LR 329

Held:

1. The Court considered the application and was satisfied that, with perhaps two exceptions, the matters raised by the applicant were all carefully considered and addressed in the judgment of the Court of Appeal. However, the exceptions were considered obliquely by the Court and in any case they were issues which could easily have been raised by the applicant when his appeal was heard.

2. There must be finality to litigation. The applicant had ample opportunity to present his case. The application was refused.

Case considered:

Tu'ivai v R [2007] Tonga LR 31 (CA)

The plaintiff appeared in person
Counsel for the defendant : Mrs Vaihu

Judgment

[1] Mr Tu'ivai's application for a rehearing of the above appeals has been referred to me in my capacity as a Judge of the Court of Appeal. I have of course heard and considered along with Justices Burchett and Moore the appeal which Mr Tu'ivai seeks to have reheard. I have read and considered Mr Tu'ivai's application. Having done so I am satisfied that, with perhaps 2 exceptions, the matters raised by Mr Tu'ivai were all carefully considered and addressed in the judgment of the Court of Appeal. The exceptions are Grounds 7 & 8. In the case of those 2 grounds the issues raised were considered obliquely but in any case they are issues which could easily have been raised by Mr Tu'ivai when his appeal was heard.

[2] The Court of Appeal has said on previous occasions that there must be finality to litigation (see Tu'ivai v R [2007] Tonga LR 31 (CA). That is the case with these proceedings. Mr Tu'ivai has had ample opportunity to present and argue his case. It is not appropriate that he be given a further hearing on issues that have been determined. The application is refused.