'Aukafolau v Australia and New Zealand Banking Group Ltd [2010] TOCA 1; AC 25 of 2009 (6 July 2010)

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

NO. AC 25 of 2009

BETWEEN:

1. KESOMI ‘AUKAFOLAU
2. MELE SANILAITI ‘AUKAFOLAU
Appellants

AND:

AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED
Respondent

BEFORE THE COURT OF APPEAL –
FORD CJ, BURCHETT J, SALMON J

1. The appeal hearing scheduled for today is adjourned.
   
2. If the Court of Appeal is to re-convened in Tonga before the end of 2010 then this appeal will be heard at that time.
   
3. The Chief Registrar is to confirm with the parties on or before 3 August 2010 as to whether the Court will be able to re-convene before the end of the year.
   
4. If the Court is not to be re-convened before the end of the year then the following further orders will come into effect:
   
   1. The appeal will be determined without a hearing pursuant to sections 24 and 15 of the Court of Appeal Act (Cap 9).
      
   2. Counsel for the appellant is to file any further submissions on or before 3 September 2010.
      
   100. Counsel for the respondent is to file any further submissions in response on or before 26 September 2010.
        
   4. Counsel for the appellant will have until 8 October 2010 to file any submissions in reply.
      
5. The appeal will then be dealt with pursuant to section 15 (3) of the Court of Appeal Act with the three nominated Judges being Burchett J; Salmon J and Moore J.
   

DATED: 6 July 2010.

PRESIDENT OF COURT OF APPEAL