Hoeller v Knab [2007] TOSC 9; CV 976-2000 (19 November 2007)

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

CV. 976 of 2000.

BETWEEN:

BERNHARDT HOELLER
Applicant

AND

ILDIKO KNAB & ORS
Respondents

BEFORE THE HON. JUSTICE ANDREW

Counsel
Ms Tonga for the Applicant and
Mr Niu for the Respondent

Date of hearing: 16th November 2007.
Date of judgment: 19th November 2007.

JUDGMENT

APPLICATION BY SISIFA KNAB

The applicant Mrs Sisifa KNAB claims that certain goods seized by the Bailiff under an order of the Supreme Court dated the 31st August 2007 were not those of her husband MR PETER KNAB but that they were her personal property. She says they were gifted to her on her wedding day in early 2007 by her husband.

In 2001 in the matter of HOELLER v KNAB judgment had been entered against MR KNAB in the sum of $43,716.00. Judgment was entered by consent yet MR KNAB seems to deny that he is liable and refuses to satisfy the Judgment debt.

The issue of the ownership of these goods now claimed by Mrs Knab was dealt with in earlier proceedings. Mr Knab raised the issue that he had gifted this property to his wife. That was not believed. Nor was the applicant MRS KNAB. But undeterred she makes the same application again. She was not believed then and I do not believe her now. There is no documentary evidence to show that this property is hers. There is conflicting evidence from her that the property had belonged to her husband and evidence that it had belonged to a MR MUELLER. MR MOSESE MANUFEKAI, the bailiff officer, says that when the property was seized MR KNAB did not say that the goods belonged to his wife or that he had gifted them to her.

For these reasons the application is dismissed.

Costs are granted to the respondent, MR BERNHART HOLLER.

DATED: 19 November 2007

JUDGE