Manako v Ha'amao Growers Company Ltd [2004] TOCA 2; CA 14 2003 (23 July 2004)

IN THE COURT OF APPEAL OF TONGA
CIVIL JURISDICTION
NUKU’ALOFA REGISTRY

Appeal No. AC 14/03
Case No. C 289/02

BETWEEN

KALIOPASI MANAKO
Appellant

AND

HA’AMO GROWERS COMPANY LTD
Respondent

Coram: Burchett J
Tompkins J
Salmon J

Counsel: Taufaeteau Tu’utafaiva for appellant
Luki Niu for respondent

Date of Minute: 23 July 2004

MINUTE OF THE COURT

[1] This appeal was set down of hearing at 10:00 a.m. today, 23 July 2004. Counsel for the appellant applied for an adjournment to the next sitting of this Court. Counsel for the respondent not objecting, the appeal was adjourned to the next sitting of this Court upon the following terms:

• [a] Counsel for the appellant is to take all reasonable steps to obtain a copy of the transcript of the hearing in the Supreme Court as soon as is reasonably practicable.
  
• [b] Not more than one month after receipt of the transcript, counsel for the appellant is to advise counsel for the respondent whether the appellant will proceed with the appeal.
  
• [c] If the appellant elects to proceed with the appeal, he shall file a fresh notice of appeal within a further two weeks.
  
• [d] The respondent is entitled to costs on the adjournment, the amount to be fixed by the Registrar if the parties are unable to agree.
  

[2] Counsel for the respondent indicated that he will be seeking an order for security for costs, if the appellant elects to proceed. Any such application is to be made to the Supreme Court.

Burchett J,
Presiding Judge