Polynesian Airlines Holdings Ltd v Samoa Observer Company Ltd [1998] WSSC 13; Misc 21020 (16 June 1998)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

MISC. 21010

BETWEEN

POLYNESIAN AIRLINES (HOLDINGS) LTD
a duly incorporated company having its registered office at Apia
Applicant

AND

SAVEA SANO MALIFA,
Publisher of Apia
First Respondent

AND

SAVEA SANO MALIFA
publisher of Apia
Second Respondent

AND

RUTH THOMSEN
of Apia, Reporter
Third Respondent

AND

ANDREW ROBSON
of Melbourne, Solicitor
Fourth Respondent

Counsel: T K Enari for applicant
H Schuster for first, second and third respondents

Hearing: 16 June 1998
Ruling: 16 June 1998

ORAL RULING OF SAPOLU, CJ

I have considered the apology which the first, second and third respondents in this matter have produced and submitted to the Court. I have decided to accept that apology and to impose as a condition of that acceptance that the apology be published within seven(7) days on the first page of an issue of the Samoa Observer newspaper. When that is done, it is the end of this matter.

But I must admonish the respondents, particularly the second respondent as publisher and owner of the Samoa Observer, to take and exercise due care in the future to ensure that there would be no repetition of the kind of publication which is in issue in this case so that the respondents would not have to appear again before this Court on contempt proceedings. I say that because if the respondents do appear again before this Court on contempt proceedings arising from any publication in the Samoa Observer, this Court may take a more serious attitude and impose a severe penalty.

CHIEF JUSTICE

Solicitors:
Kruse, Enari & Barlow of Apia, for applicant
Fepuleai Law Firm of Tamaligi, for first, second and third respondents