Strauss v Warner [2014] TOCA 15; AC 12 of 2014 (31 October 2014)

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

AC 12 of 2014
[CV277 of 2009]

BETWEEN:

FRANZ STRAUSS and

GUDRUN STRAUSS

Appellant

AND

1. DIANE WARNER

2. JUERGEN WOLF and

BRIGITTA WOLF
Respondents

Coram : Salmon J

Handley J

Hansen J

Tupou J

Counsel : Mr O. Pouono for the Appellants

Mr L. Niu, SC for the Respondents

Date of Hearing : 27 October 2014

Date of Judgment : 31 October 2014

JUDGMENT OF THE COURT

[1] This is an appeal against an order of the Lord Chief Justice made on 8 April 2014 bringing to an end a receivership which resulted in the sale of the shares in Seaview Lodge to repay a judgment debt.

[2] The complaint made in the appeal was that the order had two conflicting provisions – one extending the receivership for one week and then terminating it, the other terminating it immediately. The conflict was resolved by using the slip provisions in the Supreme Court Rules and deleting the clause providing for immediate termination.

[3] The appellants were not aware of the corrected order until it was brought to counsel's attention by this Court. However it seems that the extension of the order was unnecessary anyway because the order creating the receivership seems to have no termination date.

[4] When the appeal was called Mr Pouono advised the Court that he had no instructions to withdraw the appeal but could make no submissions to support it. Mr Niu for the Respondents sought that the appeal be dismissed but did not seek costs.

[5] We are satisfied that there is no ground on which the appeal could succeed and it is accordingly dismissed. There will be no order for costs.

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Salmon J

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Handley J

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Hansen J

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Tupou J