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Samoa - Index to Unreported Supreme Court Decisions 1994

SUPREME COURT OF WESTERN SAMOA

1994

DECISIONS

Case Name	Reference	Judgment Date
Betham v Betham Application for interim maintenance pending determination of petition for divorce	Div. 45/93	26 January 1994
Amosa v The Board of Trustees of the Congregational Christian Church in Samoa (Inc.) Wrongful dismissal and defamation		3 February 1994
Roy & Drake v Macdonald Claim for payment for professional services rendered	C.P. 126/92	16 February 1994
Ansett Transport Industries (Operations) Pty Ltd v Polynesian Airlines (Holdings) Ltd Motion to strike out statement of claim - estoppel	C.P. 314/93	17 February 1994
Police v Afoa Murder	S. 489/93	9 March 1994
British Petroleum South Pacific Ltd v Imo Claim for petrol ordered and delivered	C.P. 11/92	16 March 1994
Betham v Betham Petition and cross-petition for divorce - application for ancillary relief	Div. 45/93	24 March 1994
Police v Nelson & Sam Actual bodily harm without lawful justification - appeal against convictions	Misc. 15977 & 15978	5 April 1994
Pacific Forum Line v Big Save Timber Ltd Claim for unpaid freight and customs service charges - interest	C.P. 339/93	8 April 1994
Schoonderwoerd v Hunt Claim for damages arising out of a bailment - damage caused to plaintiff's chattels as a result of defendant's negligence		3 May 1994
Meredith & Cheung Fuk v Pa'u Motion to discharge an interlocutory injunction granted ex parte preventing plaintiffs from reclaiming land	C.P. 78/94	5 May 1994
Petersen v Feuu & West End Contractor aka West End Dairy Ltd Claim for damages for conversion of boat	C.P. 244/93	6 May 1994
Police v Posala & Soosemea Wilfully and without lawful justification causing grievous bodily harm	S. 571/93, 572/93 & 93/94	13 May 1994
Betham Brothers Enterprises Ltd & New Zealand Pacific Container Lines Ltd v Big Save Timbers Ltd Claim for unpaid freight and handling charges - counter-claim for damage to consignment	C.P. 22/93	16 May 1994
Meleisea v Meleisea Application for recognition for a decree of divorce claimed to have been obtained in the Family Court in Hawaii	Misc. 14051	24 May 1994
D. Gokal Company Limited v Joseph P. & Tagailima Fruean Motion to strike out Statement of Claim - judgment already given in High Court of American Samoa - Limitation Act	C.P. 75/94	30 May 1994
Police v Puiai Post Office employee unlawfully opening a letter - appeal against sentence	Misc. 19110	20 June 1994
Police v Kuki Unlawful sexual intercourse with girl between 12 and 16 years of age	S. 884/93	21 June 1994
Vitale v Malifa Motion to strike out Statement of Claim - civil procedure	C.P. 149/91	27 June 1994
Ale v Vaili Application by Member of Parliament - to restrain the Speaker of Legislative Assembly's decision declaring parliamentary seat terminated - to declare applicant still validly holds his seat in Parliament - to declare the report made by the Speaker to the Head of State invalid		29 June 1994
Godinet v Commissioner of Inland Revenue Appeal against conviction and sentence - breaches of Goods and Services Tax Act 1986	C.A. 25/93	1 July 1994
Afoa v Police Causing wilful damage to property - appeal against conviction and sentence	Misc. 19111	4 July 1994
Police v Taalili Murder - challenge against two of assessors appointed for trial for cause - whether counsel may cross-examine assessors	S. 10/94	4 July 1994
Criminal Procedure Act 1972, Sec. 108 v Posala Grievous bodily harm - assault - application for re-trial - fresh evidence since the trial - accused "not aware" of charge	Misc. 19107	12 July 1994
Ansett Transport Industries (Operations) Pty Ltd v Polynesian Airlines (Holdings) Ltd Claim for possession of a twin-otter aircraft - civil procedure - motion to strike out parts of defence - and for further and better particulars		22 July 1994
Police v Lavea Robbery with violence or threats of violence	S. 14/94	25 July 1994
Taalili v The Commissioner of Prisons Application for writ of habeas corpus - grounds that assessors functus officio before delivering verdict of manslaughter - assessors had found accused not guilty of murder	S. 10/94	29 July 1994
Ale v Vaili Appeal against judgment - civil procedure - application for leave to appeal	C.A. 7/94	8 August 1994
Pelenato v Vaitusi Claim for unpaid rent - defence that sub-lease unlawful or illegal - tenancy by estoppel	C.P. 98/93	10 August 1994
Ansett Transport Industries (Operations) Pty Ltd v Polynesian Airlines (Holdings) Ltd Interlocutory issues	C.P. 314/93	17 August 1994
Police v Malaitai Theft by a servant - defence of claim of right	S. 34/94	18 August 1994
National Pacific Insurance Ltd & Potoi v Cardinal Taofinuu & Filipo Insurance law - two actions - claim for full indemnity under insurance policy re a motor vehicle accident - claim for damages by second plaintiff	C.P. 65/93	5 September 1994
Luteru v The Council of the Western Samoa Society of Accountants Application for review and appeal - complaints regarding preparation and presentation of annual accounts and audit	Misc. 15287	12 September 1994
Petersen v Feuu & West End Contractor aka West End Dairy Ltd Addendum to judgment re quantum of damages	C.P. 244/93	Addendum - 15 September 1994
National Pacific Insurance Ltd & Potoi v Cardinal Taofinuu & Filipo Addendum re 2 items of damages not dealt with in main judgment	C.P. 65/93	Addendum - 22 September 1994
Hunt v A-G Availability of judicial review in relation to the forfeiture and seizure of goods under Customs Act 1977 - natural justice	C.P. 351/93	4 October 1994
Pita & Others v A-G on behalf of the Registrar of Electors and Voters Application to strike out certain affidavits - grounds for application are that affidavits are scandalous, irrelevant and argumentative	Misc. 14033	11 October 1994
Police v Liu Grievous bodily harm without lawful justification	S. 69/93	21 October 1994
Uiagalelei v The Public Trustee & Another Civil procedure - appropriateness of application for declaratory judgment	Misc. 18002	2 November 1994
Chan Chui & Sons Ltd v Samoa Air Company Ltd Landlord and tenant - claim for rent and damages under lease terminated by mutual agreement	C.P. 117/94	8 November 1994
Elisara v Elisara & Kerisoma Petition for divorce on ground of adultery - division of matrimonial property - custody of children - maintenance	Div. 21/93	22 November 1994
Samuel & Paul v Tuanai & Others Trusts - trust established for the advancement of grandchildren - occupation by family members of certain trust land the subject of dispute	C.P. 55/93	6 December 1994
Malo & Others v Faapo Election petition - bribery and treating		23 December 1994