Ponifasio v Saili [1999] WSSC 40 (29 December 1999)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN

AUIMATAGI JOE PONIFASIO
of Saanapu, General Manager
First Plaintiff

AND

AGNES SAILI
of Alafua, Businesswoman
Second Plaintiff

AND

THE SAMOA MILLENNIUM 2000 (Inc.)
a duly incorporated society.
Defendant

K. Sapolu for the Plaintiffs
H. Schuster for the Defendant

RULING OF SAPOLU CJ

On 24 December 1999 the Court granted an ex parte motion for an interim injunction by the first and second plaintiffs to restrain the defendant whether acting by its respective directors, officers, servants or agents or any of them or otherwise howsoever from doing certain specified things in relation to the logo "Samoa 2000 simply timeless" which the plaintiffs claim to belong to them.

On 27 December the defendant filed a motion to lift the interim injunction. After hearing and considering the submissions by counsel on both sides and after considering the affidavits filed by both sides, I have decided to lift the interim injunction for these reasons.

(a) Firstly, there has been delay in bringing the motion for an interim injunction.

(b) The second reason which is related to the first reason is that much has happened and been done by the defendant to the logo up to now and innocent third parties may have acquired an interest in the use of the logo.

(c) The third reason which is also related to the delay in bringing the motion for an interim injunction is that the logo forms part of the government's and the country's millennium celebration programme which started yesterday, 28 December. It will be much inconvenience to upset that programme now at this very late stage.

To give some protection to the interests of the plaintiffs as claimed the defendant has filed an undertaking as to damages. I have decided to give this case an early hearing in the new year when the question of a permanent injunction can be considered together with the rest of the plaintiff s claim.

I will now adjourn this matter to 14 January 2000 for the defendant to file and serve a statement of defence and for mention at the call-over on 14 January and for setting an early hearing date.

PATU F.M. SAPOLU CJ

29.12.99