Fusitu'a v Honourable Tuita [2009] TOCA 14; AC 21-2009 (10 July 2009)

IN THE COURT OF APPEAL OF TONGA
NUKU’ALOFA REGISTRY

AC 21 of 2009

BETWEEN:

MATAI’ULUA FUSITU’A
Appellant

AND:

HONOURABLE SALOTE LUPEPAU’U TUITA
Respondent

Coram: Burchett J
Salmon J
Moore J

Counsel: Mrs. P. Tupou for the Appellant
Mr. Stanton for the Respondent

Date of hearing: 8 July 2009.
Date of order: 10 July 2009.

MEMORANDUM OF ORDERS OF THE COURT

After argument in this appeal had proceeded a short distance, and following an adjournment, counsel for the parties announced that they had reached an agreement as to the disposition of the appeal. Pursuant to that agreement, by consent the Court orders that :

[1] The interim custody order the subject of the appeal be varied to the extent necessary to enable the appellant’s application in respect of custody orders before the Supreme Court to be the subject of a mediation to commence on or as near as practicable to 21 August 2009 and (if not settled) to be brought before the Supreme Court for hearing on or as near as practicable to 19 October 2009 ;

[2] The parties seek an urgent directions hearing before the Chief Justice to confirm the precise dates and necessary time–tabling and other interlocutory orders to ensure the matter is dealt with as proposed ;

[3] There be no order as to the costs of the appeal of either party.

Burchett J
Salmon J
Moore J