Batchelor v Harrison [2009] WSSC 86 (27 August 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

JACK BATCHELOR and CAROL BATCHELOR
of CAROL BATCHELOR of Saleapaga, Resort Operators.
Plaintiffs

AND:

ANA HARRISON
Businesswoman and
SOGIMALETAVAI TOGISALA,
Matai both of Saleapaga
Defendants

Counsel: K Drake for plaintiffs
R V Papalii for defendants

Hearing: 26 August 2009
Conclusions: 27 August 2009

CONCLUSIONS OF SAPOLU CJ

1. Having heard and considered the submissions by both counsel, I have come to the following conclusions:

(a) The motion by the first defendant for an interim injunction is denied.

(b) The motion by the plaintiffs for an interim injunction is granted on these terms. Until further order, an injunction is issued to restrain the defendants and any of their servants, agents, family members and friends from:

• (i) entering and trespassing on the land occupied by the Lupe Sina Beach Resort at Saleapaga, Lepa;
  
• (ii) interfering with and interrupting the business operations of the Lupe Sina Beach Resort at Saleapaga, Lepa; and
  
• (iii) harassing and bothering the plaintiffs,
  

(c) This interim injunction will remain in force for 30 days during which time the parties and their respective counsel are to attempt to reach a settlement that is acceptable to both parties.

(d) At the end of the said 30 days the interim injunction will be reviewed by the Court, that is, on Monday 28 September 2009 at 12:30pm.

2. Costs reserved on the motions.
   
3. In case a settlement cannot be reached, this matter is adjourned to Monday 14 September 2009 for the defendants to file and serve a statement of defence to the plaintiffs’ statement of claim and for the plaintiffs to file and serve a statement of defence to the defendants’ statement of claim.
   

CHIEF JUSTICE

Solicitors
Drake & Co for plaintiffs
Toa Law for defendants