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Tonga Law Reports - [2010] Tonga LR - Subject Index

TONGA LAW REPORTS

2010

 

EDITOR:

Ms Janine Ford LLB

A publication of the Ministry of Justice,
Nuku'alofa, Kingdom of Tonga

INDEX OF SUBJECT MATTER	PAGE
APPEAL
Action in tort against police – appeal allowed to limited extent for false imprisonment     Nasilai v Kingdom of Tonga (CA)	101
BAIL
Permission sought to vary bail condition – sought to leave country – powerful incentive to abscond – no variance granted      Jonesse v R (SC)	19
COMPANY LAW
Court-appointed receiver – not incorporated company; was cooperative society – appointment set aside     Fresha Exports Ltd v Tonga Co-operative Federation Ltd (SC)	200
CONTRACT LAW
No meeting of the minds – no contract – found for defendants     Moala v Stevens anor (SC)	155
CRIMINAL LAW
Appeal against conviction – offence identified sufficiently in indictment     Shao Jun Sun v R (CA)	106
Appeal against conviction for perjury – charge not proved beyond reasonable doubt     Seluini v R (CA)	114
Appeal against convictions and sentence – conviction stood – sentence was suspended     Tafea anor v R (CA)	166
Appeal against sentence – excessive prison sentences imposed – reduced – suspended part because of youth – discussion on whipping sentence     Fangupo v R; Fa'aoa v R (CA)	124
Appeal against sentence – fish processing without licence – six months imprisonment – appeal allowed and sentence suspended     Shao Jun Sun v R (CA)	106
Appeal against sentence – manslaughter – mitigating factors listed including restitution – appeal allowed – sentence reduced with part suspended     Kofutu'a v R (CA)	120
Appeal against sentence – property offences – sentence reduced     Kusitafu v R (CA)	111
Charges of assault and bodily harm – self-defence rejected – convicted     R v Di (SC)	13
Default in loan repayments – private prosecution false representation – appeal dismissed     Funaki Enterprises v Kakala (SC)	197
Unlawful entry – all elements made out – intoxication defence rejected – convicted     R v Manu (SC)	74
DIVORCE LAW
Custody order made contrary to position in the pleadings – custody order set aside – remitted to Supreme Court     Sefesi v Fukofuka (CA)	171
Evidence needed for assessment of maintenance – maintenance order set aside – remitted to Supreme Court for assessment     Sefesi v Fukofuka (CA)	171
EMPLOYMENT LAW
Appeal against damages - $50,000 award of damages varied to $29,488.14     Leiola Group Ltd v Moengangongo (CA)	85
FAMILY LAW
Adoption – not granted because appellants had not lived with children for six months – appeal – appeal allowed     Hatch anor v Solicitor General (CA)	177
JUDICIAL REVIEW
Appeal against refusal – appellant did not satisfy court of reasonable arguable case – appeal dismissed      Karalus v Royal Commission of Inquiry (MV Princess Ashika) (CA)	153
Indictment unsigned and undated – indictment a nullity and therefore quashed     R v Dalgety QC (SC)	186
LAND LAW
Appeal against dismissal of eviction claim – appeal allowed subject to proceedings in Supreme Court        Vea v Filipe (CA)	97
Order for possession of land – enforcement by way of committal order – appeal against committal order – granted     Finau v Koloi (CA)	130
MAGISTRATES COURT
Power to amend summons for offence under Order in Public Places Act – interpretation of "criminal case"    Hekeheke v Police (SC)	34
PRACTICE AND PROCEDURE
Application for leave for judicial review – Royal Commission of Inquiry – case not made out - declined     Karalus v Royal Commission of Inquiry (MV Princess Ashika) (SC)	133
Applications which affected other parties should not be ex parte     Fresha Exports Ltd v Tonga Co-operative Federation Ltd (SC)	200
Leave to appeal application – indictment quashed – public importance question – leave granted     R v Dalgety (CA)	195
Security for costs application – plaintiff strong prima facie case – application dismissed     Fatafehi anors v Slabon anors (LC)	28
Strike out application – hopeless cause of action – struck out     Faingata'a v Westpac Bank of Tonga (SC)	63
Strike out applications – malicious prosecution – time ran from when the loss arose – applications dismissed     To'a v Lutu anors (SC)	44
SENTENCING
Common assault and indecent exposure – sentence harsh and excessive – quashed and replced with suspended sentence     Moli v Police (SC)	183
Importation and possession of illicit drugs – methamphetamine – imprisonment     R v Kata (SC)	54
Incest – guilty plea – imprisonment and divesting of authority over his daughter     R v Tu'ifua (SC)	80
Manslaughter of son – severe punishment – 15 years imprisonment     R v Talia’uli (SC)	203
Police officer – convicted of bodily harm and assault – imprisonment with suspension of part     R v Toki (SC)	39
Possession of arms and ammunition – suspended imprisonment and $10,000 fine – appeal against $10,000 fine – reduced to $3,000     Liou v R (CA)	181
Possession of illicit drugs – small amount – fine     R v Hufanga (SC)	206
TORT
Conversion of boat – boat sold to second defendant – claim proved – damages awarded     Vaitulala v Cook anors (SC)	1