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Supreme Court of Samoa |
IN THE SUPREME COURT OF SAMOA
Afoa v Parker [2015] WSSC 163
Case name: | Afoa v Parker |
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Citation: | |
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Decision date: | 09 September 2015 |
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Parties: | Seti Afoa, of Saleufi, Director (Judgment Creditor) David Joseph Parker, of Vaitoloa, Mechanic (Judgment Debtor) |
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Hearing date(s): | - |
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File number(s): | CP 14/14 |
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Jurisdiction: | Civil |
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Place of delivery: | Supreme Court of Samoa, Mulinuu |
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Judge(s): | Justice Nelson |
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On appeal from: | |
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Order: | Certain things are clear: firstly there can be no reconsideration of a decision entered into with the consent of counsel. Even were
I to entertain a rehearing, that would not alter the fact that the Second Defendant was at all material times acting as an employee
of the First Defendant. As a matter of law he is therefore not personally liable for acts committed in the course of his employment.
That part of the application is refused. Secondly it is not necessary counsel be heard on the issue of costs. That part of the application is also refused. Thirdly a Judgment Summons application cannot be adjourned sine die: see rule 14(3) of the Judgment Summons Rules 1965. The application
to adjourn the Judgment Summons is accordingly refused. The Judgment Summons is to be returned to the District Court for mention next week on 15 September 2015. The Judgment Creditor has
sought costs on this application. Costs of $750 awarded to the Judgment Creditor. |
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Representation: | K Drake for Judgment Creditor T K Enari for Judgment Debtor |
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Catchwords: | Sine-die – judgment summons- judgment creditor – reasonable. |
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Words and phrases: | |
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Legislation cited: | Judgment Summons Rules 1965 |
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Cases cited: | |
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Summary of decision: | |
IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU
CP: 14/14
BETWEEN:
SETI AFOA, of Saleufi, Director
Judgment Creditor
AND:
DAVID JOSEPH PARKER, of Vaitoloa, Mechanic.
Judgment Debtor
Counsel: K Drake for Judgment Creditor
T K Enari for Judgment Debtor
Decision: 09 September 2015
RULING OF NELSON J
Background
JUSTICE NELSON
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URL: http://www.paclii.org/ws/cases/WSSC/2015/163.html