'Amanaki v Government of Tonga - Orders [2019] TOSC 48; CV 9 of 2019 (10 December 2019)

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

CV 9 of 2019

BETWEEN : MELE TEUSIVI ‘AMANAKI

- Plaintiff

AND : 1. GOVERNMENT OF TONGA
2. TONGA WEEKLY NEWSPAPER LTD
3. FAKA’OSI MAAMA
4. WILLIAM CLIVE EDWARDS

- Defendants

APPLICATION BY FIRST DEFENDANT TO HAVE THE CLAIM AGAINST IT STRUCK OUT
ORDERS

BEFORE:	LORD CHIEF JUSTICE WHITTEN
Appearances:	The Plaintiff Mr T. ‘Aho with Ms Tupou for the First Defendant No appearance for the Second or Third Defendants Mr W.C. Edwards Snr SC, the Fourth Defendant
Date of hearing: Date of orders:	14 October 2019 and 5 December 2019 10 December 2019

ORDERS:

1. The plaintiff’s claims against the first defendant are struck out.
2. The plaintiff has leave to replead against the first defendant if she wishes to do so.
3. Any proposed amended statement of claim containing any repleaded claims against the first defendant is to be filed by 10 January 2020.
4. Any application for costs of and incidental to this strike out application, including submissions, is to be filed by 10 January 2020.
5. Any submissions in opposition to costs are to be filed by 24 January 2020.
6. Subject to the above orders, the proceeding remains stayed until further order.
7. There will be a mention of the matter together with proceeding CV 57 of 2018 on 7 February 2020 at 9 AM.

NUKU’ALOFA	M.H. Whitten QC
10 December 2019	LORD CHIEF JUSTICE