Petitioners lodge affidavit to enforce costs order against Tongasat

Kuo fakahū atu ha kole ki he Fakamaau’anga Lahi ke fakamālohi’i e Tongasat ke totongi ‘a honau mo’ua ki he kau talatalaaki. ‘I he ‘aho 31 ‘o Mā’asi 2016 na’e tu’utu’uni ai ‘e ‘Eiki Fakamaaulahi Owen Paulsen ki he Tongasat ke nau mo'ua pea ke totongi ‘a e pa’anga $41, 323 kia Mele ‘Amanaki mo e PSA pea pehē kia Māteni Tapueluelu ko e Minisitā Polisi, Lautala Pōhiva ko e Faipulusi ki Mu'a 'o e Kele'a, pehē kia ‘Ofa Vatikani ko e Tokoni 'Eitia ki Mu'a 'o e Kele'a mo Paula Mafi, ko e Pule ki Mu'a 'o e Kele'a. Na’e totonu ke fai ‘a e totongi ko ‘eni ‘i he ‘aho 30 ‘o ‘Epeleli 2016 ka kuo te’eki totongi ia. Pea ‘oku fai ‘a e toe ngāue fakalao ko ‘eni hili e kalo holo 'a e Tongasat.

A petition has been lodged with the Supreme Court to enforce an order for costs made against Tongasat.

On March 31, 2016, Lord Chief Justice Paulsen ordered Tongasat to pay TP$41,232 costs towards Mele ‘Amanaki and the Public Service Association, Police Minister Māteni Tapueluelu and former Kele’a newspaper staff, including Laucala Pōhiva, Kele’a’s  former deputy editor ‘Ofa Vatikani and the paper’s former manager Paula Mafi.

The payment were supposed to be made by April 30, 2016, but have never been paid.

“Requests for payment of costs and disbursements payable by Tongasat under the costs order have been repeatedly made to Tongasat through its lawyer Mr William Edwards,” ‘Amanaki said.

“These requests have been either rejected or ignored.”

Unsuccessful  attempts have been made to enforce the costs through other proceedings.

“We therefore seek an order appointing a receiver to secure payment in full of the costs,, together with interest owing calculated  at 10% per annum.”

An earlier affidavit was lodged with the court in November last year, asking for a hearing.

It said making the order would be in the interests of justice and necessary  for the  proper enforcement  of the Court’s order.

The application said it was relying on Orders 30, Rule 2 and 33 of the Supreme Court Rules 2007 and Section 5(1) of the Supreme Court Act (as amended by the Supreme Court Amendment) Act 2012.

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