Tonga Development Bank v Moeaki [2024] TOSC 69; CV 34 of 2024 (23 September 2024)

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

CV 34 OF 2024

BETWEEN:
[1] TONGA DEVELOPMENT BANK
[2] PENISIMANI VEA
[3] ‘EMELINE TUITA
- Plaintiffs

AND:
[1] TATAFU MOEAKI
[2] KATALINA TOHI
[3] TEVITA MOTULALO
[4] KALINO LATU
[5] NATIONAL RESERVE BANK OF TONGA Defendants
- Defendants

BEFORE THE HON. LORD CHIEF JUSTICE BISHOP KC

AFTER CONSIDERING the Plaintiff’s notice of application dated 11 September 2024 for judgment in default against the First, Second, Third and Fifth Defendants AND the affidavit of Mele Hala Lokotui dated 11 September 2024 sworn and filed in support AND IN RELIANCE upon Order 14 rule 1 of the Supreme Court Rules.

IT IS ORDERED THAT:

1. Final judgment is entered for the Plaintiffs against the First, Second, Third and Fifth Defendants in sum of;
   1. Damages for loss of profit in the sum of $4,783,200.
   2. General Damages against the First, Second, Third and Fifth Defendants in favour of the First Plaintiff in the sum of;
      • (i) $5 million against the First and Fifth Defendant
      • (ii) $1,000,000 against the Second Defendant
      • (iii) $300,000 against the Third Defendant
   100. General Damages against the First, Second, Third and Fifth Defendants in favour of the Second Plaintiff in the sums of;
        • (i) $2 million against the First and Fifth Defendant
        • (ii) $1,000,000 against the Second Defendant
        • (iii) $300,000 against the Third Defendant
   4. General Damages against the First, Second, Third and Fifth Defendants in favour of the Third Plaintiff in the sums of;
      • (i) $3 million against the First and Fifth Defendant
      • (ii) $1,000,000 against the Second Defendant
      • (iii) $300,000 against the Third Defendant
   5. Exemplary Damages against the First, Second, Third and Fifth Defendants the following sum;
      • (i) $5 million against the First and Fifth Defendant
      • (ii) $1,000,000 against the Second Defendant
      • (iii) $300,000 against the Third Defendant
2. Order for retraction: by the First, Second, Third and Fifth Defendants of the published article/broadcast about this matter.
3. The Plaintiffs are to file and serve their bill of costs in according with Order 46 rule 4.
4. A copy of this order is to be served on First, Second, Third and Fifth Defendants by the Plaintiffs within a period of 14 days of its issuance from the Court.
   

NUKU’ALOFA		HON. MALCOLM BISHOP KC
23 September 2024		LORD CHIEF JUSTICE