Fischer v Reisedienst Quick Tours Ltd [2000] TOSC 41; C 0021 1999 (8 December 2000)

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

NO.C.21/99

BETWEEN:

KARL A. FISCHER
Plaintiff

AND:

REISEDIENST QUICK TOURS LIMITED
First Defendant

AND:

SVEN QUICK
Second Defendant

AND:

WALLTRAUD QUICK
Third Defendant

BEFORE THE HON. CHIEF JUSTICE WARD in Chambers.

Counsel: Mr V. Foliaki for Applicant
Mr S. Tu'utafaiva for Respondent

Date of Ruling: 8th December, 2000.

RULING

On 20 November 2000, I delivered a reserved judgment in this case in open court. I read the major part of the judgment and summarised the remainder. The concluding portion and the orders were part of the judgment read in full. I was reading from a printed draft from my computer because the judgment was still being set out in the standard layout, there having been delays resulting from problems with the court computers.

At the conclusion, I told counsel that they would receive their copies in the proper form before the end of the day and stated that, as my mathematics was always suspect, I would check the actual figures I had just given.

I was going abroad that evening but I was not given the judgment to sign before I left and it slipped my mind.

On my return, I signed the judgment and saw that Mr Niu for the defendants had filed submissions seeking, in effect, to open some aspects of the case. He prefaced his submissions with the sentence:

"In pursuance of directions given by this Court on 20th December (sic) 2000, the defendants make the following submissions in respect of the written judgment tentatively given by this Court on that day..."

I gave no such directions and in chambers Mr Tu'utafaiva for the plaintiff has the same recollection.

Neither do I accept that the judgment was tentative. It was final judgment and takes effect from the date of delivery, which was 20 November 2000.

This is not a case that is covered by the slip rule and I am now functus. In those circumstances, I must refuse the application. The defendants' remedy lies in appeal. I understand from Mr Foliaki that Mr Niu is abroad until 22 January. I shall give leave to file grounds of appeal by 16 February 2001.

NUKU'ALOFA: 8 December, 2000

CHIEF JUSTICE