Court orders TNRL to hold AGM [1]
Monday, July 11, 2016 - 12:03. Updated on Monday, July 11, 2016 - 12:14.
In compliance with a court order, the Tonga National Rugby League will hold its 2016 Annual General Meeting to be held this week on Friday 15 July 2016 at the Tonga Amateur Sports Association Office, Haveluloto.
On July 8 Stan Moheloa, TNRL chairman confirmed that the meeting would be held on Friday 15 July 2016 at the Tonga Amateur Sports Association Office, Haveluloto.
The holding of the AGM is in response to an interim decision by Chief Justice O. G. Paulsen in the Nuku’alofa Supreme Court on 15 June 2016, in a dispute between members and the executives of the TNRL Board that has been going on for about four years.
Earlier on 11 May 2016, the Chief Justice made an Interim Ruling and said that he would make a Final Orders after further consultation with Counsel. The Final Orders would deal with the following matters:
- The preparation and audit of financial accounts of the TNRL for the 2012, 2013, 2014 and 2015 financial years.
- The holding of elections for the Officers of the TNRL.
- The prevention of the use of the funds of the TNRL for any purpose not authorised by the Board pending the election of Officers.
- The costs of the proceeding.
However, in his 15 June "Further Interim Ruling" he stated that he had heard from Counsel and he was not yet in a position to issue Final Orders in respect of the matters in concerning the preparation and audit of financial accounts of the TNRL.
But with respect to the holding of elections, he ordered the following:
- The 2016 AGM of the TNRL is to be held on 15 July 2016.
- The meeting is to proceed notwithstanding that the audited financial balance sheet for the preceding year (that is 2015) is not available.
- At the meeting all officers of the TNRL are to vacate their posts and the election of all Officers is to be take place.
- The Secretary of the TNRL is to forthwith give notice of the date, time and venue of the meeting to all members of the TNRL and to anyone else entitled to attend the meeting under the Constitution of the TNRL.
- The Notice of the meeting shall state at least the following:
- The business of the meeting.
- Advise the members that at the meeting all Officers of the TNRL will vacate their posts and the election of all Officers will be held at the meeting.
- Require all nominations for Officers to be lodged with the Secretary of the TNRL no later than 21 days before the date of the meeting.
- Except as otherwise expressly stated, the procedures and business of the meeting shall be as set out in the Constitution of the TNRL.
- Leave is reserved to any party to apply to vary or apply for further directions as to the conduct of the meeting on 24 House notice.
TNRL Funds
With regards to the matter of the prevention of the use of the funds of the TNRL, Chief Justice O. G. Paulsen ordered that the Interim Orders of 29 April 2016 remain in effect. “Following the election of Officers either party may apply on notice to discharge those Orders."
He ordered that the defendants consent to an order that the Plaintiffs are entitled to the costs of the proceeding against all defendants to be fixed by the Registrar if not agreed.
The Plaintiffs are Silivenusi Taumoepeau, Tavake Fangupo and Taufa Fukofuka, with counsel William Edwards.
The Defendants are Semisi Sika, president of the TNRL; Stan Moheloa, Chairman of TNRL and the Tonga National Rugby League Incorporated Society. They are represented by Siosifa Tu’utafaiva.