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Tonga Law Reports - [2007] Tonga LR - Subject Index

TONGA LAW REPORTS

2007

 

EDITOR:

Ms Janine Ford LLB

A publication of the Ministry of Justice,
Nuku'alofa, Kingdom of Tonga

INDEX OF SUBJECT MATTER	PAGE
CIVIL LAW
apparent agency as effective as deliberate agency – claim failed and counterclaim succeeded     Pacific Royal Hotel v Vakalahi anor (SC)	36
appeal against findings as to witness credibility – Court accepted Supreme Court findings     Pacific Royale Hotel v Vakalahi anor (CA)	46
application for contempt of court for non-compliance with court orders – not at non-compliance stage     Fresha Export Ltd v Fung Shing Development Co Ltd (SC)	206
application for judicial review – no right to cross-examine – need interested parties joined     Heimuli v Kingdom of Tonga (CA)	127
assault and false imprisonment – first plaintiff failed in claim – second plaintiff failed in false imprisonment claim and succeeded in claim of assault – provocation affected damages awarded     Latu anor v Leone anors (SC)	196
fresh evidence – leave granted to produce evidence – fresh trial ordered     Rainbow Trading Co Ltd v Lin Maolin anor (CA)	120
wharfage fees sought – proved that fees were payable – judgment to plaintiff of $85,382.53     Ports Authority v Walter Trading Company Ltd (SC)	151
CONTRACT LAW
sale and purchase agreement – no evidence – claim dismissed     Kapeli v Piukala (SC)	280
CONSTITUTIONAL LAW
a Noble lost his title and estate under Land Act after conviction – claim to have it reinstated dismissed     Veikune v The Kingdom of Tonga (LC)	284
CRIMINAL LAW
dealing with another person for the supply of illicit drugs – elements of charge proved     R v Tupou (SC)	97
importation and possession of illicit drugs – all elements proved - guilty     R v Puloka (SC)	175
indecent assault – elements proved - convicted     R v Ta'ufo'ou (SC)	90
indecent assault on girl under 16 – accused reckless or indifferent as to age – found guilty     R v Vakaloa (SC)	187
manslaughter by negligence – Crown needed to prove extra element of turpitude – acquitted but found guilty of careless driving     R v Fetu'u (SC)	7
manslaughter by negligence – not guilty     R v 'Ulupano (SC)	191
possession of cannabis – three accused – drugs found at their home – all found guilty     R v Mataele anors (SC)	219
possession of cannabis – two of the accused were guilty – one was found not guilty on grounds he did not have sufficient control     R v Tu'itavake anors (SC)	180
possession of drugs – guilty plea – two years imprisonment     R v Talia'uli (SC)	226
possession of drugs – strong circumstantial evidence – guilty     R v Katoa anor (SC)	270
possession of firearm – not proved to be firearm     R v Tupou (SC)	97
question whether mens rea was essential ingredient – court held that it was not – accused convicted     R v Taungahihifo (SC)	247
rape – Crown should have produced all evidence – doubt as to consent – accused acquitted     R v Tu'ivailala (SC)	267
rape and indecent assault – issue of identification – Crown obliged to call all relevant witnesses – accused convicted     R v Fungavai (SC)	163
rape of feebleminded complainant – no psychiatric or medical evidence – not guilty     R v Tafuna anor (SC)	209
rape of 12 year old – defence of alibi and delayed complaint – found guilty     R v Vilingia (SC)	260
robbery and abetment – acts of violence not directed to overcoming opposition to the taking - acquitted     R v Lokosuka (SC)	1
CRIMINAL PROCEDURE
court not satisfied of evidence – court directed verdict of acquittal     R v 'Ulupano (SC)	191
guilty plea to the lesser offence charged – Crown did not have to accept that – trial to proceed on more serious charge     R v 'Ahotau (SC)	144
leave sought to add charges – Crown counsel should assess whether charges could be supported – leave granted     R v Pohiva anors (SC)	238
EMPLOYMENT LAW
wrongful dismissal – damages assessed     Fonua v Tonga Communications Corporation (SC)	291
EVIDENCE
corroborating evidence – whether person accomplice – not accomplice – appeal against Magistrate's decision dismissed     Police v Mafi (SC)	256
evidence of accomplice should be corroborated – police officer corroborated evidence     R v Tupou (SC)	97
FISHERIES
undersized lobster – not required to prove they were alive – accused had control of lobsters and knew they were undersized – convicted     R v Lata (SC)	52
LAND LAW
"availability" essential element before grant could be made – registration to be cancelled     Ma'ake v Lataimu'a (LC)	15
eviction or rent sought against water board – eviction seriously disruptive to water supply – rent ordered to be paid at amount assessed by court     Likiliki v Tonga Water Board (LC)	194
interpretation of Memorandum of Tenancy agreement – claim unsuccessful and counterclaim for eviction upheld     Knab v Fohe (LC)	105
MENTAL HEALTH
inquiry into lawfulness of applicant's detention – detention not unlawful     Kama, Re Application by (SC)	76
PRACTICE AND PROCEDURE
appeal against Magistrate's decision – not proper notice of intention to appeal – appeal dismissed     Police v Kolo anor (SC)	67
appeal against Magistrate's decision – question of witness credibility – Court would not depart from Magistrate's assessment – appeal dismissed     Fanua v Uata (SC)	80
application for strike out – inordinate and inexcusable delay – unavailability of bank officers – action struck out     Mangisi v Minister of Lands anors (LC)	72
application to appeal Court of Appeal decision – not rare circumstances – application dismissed     Tu'ivai v R (CA)	31
application to have court orders set aside – court was satisfied that property ordered to be seized did belong to applicant – application set aside     Hoeller v Knab anor	84
application to strike out defence – refused     Zuvva Company Ltd v Tafolo anor (LC)	63
interim order for eviction – no arguable legal basis for occupation – interim order for eviction made     Church of Jesus Christ of Latter Saints in Tonga Trust Board v Toki (LC)	70
strike out application – all claims already decided or disclose no cause of action – granted     Tu'ivai v Kingdom of Tonga (SC)	277
SENTENCING
appeal against sentence – not all mitigating factors taken into account – period of suspension increased    Tu'i'ile'ila v R (CA)	131
appeal against sentence – not enough credit given to mitigating factors – sentence reduced     Tui v R (CA)	135
conviction during period of suspension – question whether Supreme Court had jurisdiction on subsequent offence – ruled that it did     R v Vete (SC)	212
forgery and conspiracy to commit forgery – guilty pleas, no prior convictions – imprisonment terms suspended     R v Paeamoelotu anor (SC)	114
housebreaking and theft charges – early guilty plea and first offence – 3 year suspended sentence     R v Niutupuua (SC)	231
importing and possession of drugs – no remorse – imprisonment 6 years for importation; 3 years for possession     R v Puloka (SC)	223
indecent assault on child less than 12 years old – early guilty plea – 18 months imprisonment and final 6 months suspended     R v Taulanga (SC)	141
possession of marijuana – guilty plea, first offence, and remorseful – 18 months imprisonment with the final 9 months suspended for two years     R v Leua (SC)	234
rape and indecent assault by police officer in police station – seven years imprisonment for rape, two years for assault     R v Fungavai (SC)	202
riotous assembly and beginning to demolish a building – three years imprisonment for riotous assembly and seven years for demolition of building with no suspension     R v Kali (SC)	156
TAXATION
when taxpayer incurred liability – when Commissioner issued assessment     Commissioner of Inland Revenue v Loto'aniu (SC)	273