Taumoepeau v Fonua [2007] TOSC 59; CV 662 of 2007 (30 July 2007)

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

CV 662 of 2007

BETWEEN

SIONE TAUMOEPEAU
PLAINTIFF

AND:

SIOSAIA FONUA
DEFENDANT

BEFORE THE HON. CHIEF JUSTICE FORD

HAVING CONSIDERED the statement of claim, the plaintiff's ex parte application for Interim Orders dated 24/7/2007 and his affidavit dated 24/07/2007 sworn and filed in support, AND IN RELIANCE upon Order 13 Rule 1(2)(a) of the Supreme Court Rules 2007.

IT IS ORDERED THAT:

1. The President (Baron Vaea) of the Tonga Rugby Football Union Incorporated ("the Union") is hereby authorized and directed to forthwith convene the Annual General Meeting of the Union which, in terms of the Union's constitution and Rules, should have been convened prior to 31 December 2006.
2. The said Annual General Meeting is to be held on or before Friday 24 August 2007.
3. The notice convening the Annual General Meeting of the Union is to have a Tongan translation of this order annexed.
4. Until further order of the Court, all decisions made at an "Annual General Meeting" held on 26 April 2007 and a "Special General Meeting" held on 31 May 2007 are hereby suspended.
5. The plaintiff shall cause a copy of the Writ of Summons, the Statement of Claim, the Ex parte Application and supporting documents and this order to be served on the defendant forthwith.
6. The defendant and other Officers of the Union shall co-operate to the full extent necessary to ensure that the object and intent of this Order is achieved and if any Officer fails to so co-operate he shall be held in contempt of Court and liable to imprisonment.
7. Application to vary or recall this order may be made upon 24 hours notice.

DATED: 30 July 2007
CHIEF JUSTICE