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Tonga Law Reports - [1989] Tonga LR - Subject Index

TONGA LAW REPORTS
1989

EDITORS:

Professors Don Paterson
Department of Law, University of the South Pacific

Hon. Mr Justice Nigel Hampton
(Chief Justice)

INDEX OF SUBJECT MATTER	PAGE
ADMINISTRATIVE LAW
Natural justice – principles not applicable to private employment     Hougland v. Tonga Family Planning Association	87
CIVIL PROCEDURE
Enforcement of judgment – principles applicable     Tonga Air Services Ltd. v. Fowler	04
Injunction – interim injunction – principles applicable     Paseka v. Langi	01
Pleadings – further particulars – principles applicable     Pohiva v. Akau’ola	53
CONSTITUTION
Principles of interpretation     Finau v. Alafoki     Tu’itavake v. Porter, Government of Australia and Attorney-General	66   14
Retrospective legislation     Bennett v. Bennett	45
CLAUSES
Bennett v. Bennett Finau v. Alafoki Tu’itavake v. Porter, Government of Australia & Attorney-General	45 66  14
CONTRACT
Agent – principal may sue     Cable & Wireless plc v. Mataele	79
Contract Act – not applicable where liability imposed by statute     Cable & Wireless plc v. Mataele	79
Not applicable unless person claiming its protection proves that he or she is Tongan     Cable & Wireless plc & Mataele	79
Employment – conduct justifying summary dismissal     Houghland v. Tonga Family Planning Association     Teu v. Commodities Board of Tonga	87 94
Public utility – terms as to credit     Walter Trading v. Cable & Wireless plc	41
Illegality – contract of employment not illegal because employee does not have work permit     Hougland v. Tonga Family Planning Association	87
CRIMINAL LAW
Unlawfully killing a pig – defence of protection of property     R v. Fakatava	73
CRIMINAL PROCEDURE
Confession of guilt – admissibility – principle applicable     R v. Pailate	109
DIVORCE
Ancillary relief – lump sum – principles for assessment     Kinikini v. Pohahau	83
Grounds for divorce – separation for 2 years or more – effect of Divorce (Amendment) Act 1988     Bennett v. Bennett	45
EMPLOYMENT
Conduct justifying dismissal     Hougland v. Tonga Family Planning Association     Teu v. Commodities Board of Tonga	87 94
Probation period     Hougland v. Tonga Family Planning Association	87
ESTOPPEL
Allotment holder estopped from evicting occupier     Matavalea v. Uata     Vai v. Uliafu	101   56
EVIDENCE
Burden of proof in civil proceedings     Tu’itupou v. Cocker	49
Confession of guilt – admissibility – principles applicable     R v. Pailate	109
INJUNCTION
Interim injunction – principles applicable     Paseka v. Langi	01
INTERNATIONAL LAW
Common law principles of sovereign immunity applicable     Tu’itavake v. Porter, Government of Australia and Attorney General	14
State Immunity Act 1978 UK applicable in Tonga     Tu’itavake v. Porter, Government of Australia and Attorney General	14
JUDGES’ RULES
Applicable in Tonga     R v. Pailate	109
LAND
Allotment holder estopped from evicting occupier     Matavalea v. Uata     Vai v. Uliafu	101   56
Bona fide purchase for value – constructive notice of trust     Finau v. Finau, Teta Ltd and Minister of Lands	104
Disposal of land by will     Leger v. Niu	11
Granting of allotment not sale even if payments made to estate holder     Finau v. Alafoki	66
Registration – invalidity of registration     Vai v. Ullafu	56
Surrender of tax allotment – consent of heir not necessary     Vakameilalo v. Vakameilalo and Minister of Lands	98
LIMITATION OF ACTIONS
Not applicable to enforcement of judgment     Tonga Air Services Ltd v. Fowler	04
Principles applicable to claim by heir for surrendered allotment     Vakameilalo v. Vakamellalo and Minister of Land	98
NATURAL JUSTICE
Not applicable to private employment     Hougland v. Tonga Family Planning Association	87
PARTNERSHIP
Existence of partnership – principles applicable     Tu’itupou v. Cocker	49
PROBATE AND ADMINISTRATION
Letters of administration – incorrectly granted     Leger v. Niu	11
Wife – whether entitled to succeed to property of husband     In re 'Alatini Deceased	76
PROPERTY
Wife – whether entitled to share of husband’s property     In re 'Alantini Deceased	76
PUBLIC UTILITY
Abuse of monopoly or dominant position     Walter Trading v. Cable & Wireless plc	41
QUANTUM MERUIT
Applicable where person has accepted services which he or she knew were not free of charge     Cable & Wireless plc & Mataele	79
STATUTES
Application of English statutes – State Immunity Act 1978 UK     Tuitavake v. Porter, Government of Australia and Attorney General	14
TORTS
Unlawful interference with contract – principles not applicable to parties to contract     Walter Trading v. Cable & Wireless plc	41
WILL
Principles of interpretation     Leger v. Niu	11