No order for costs in Tongan Parliamentary case [1]
Friday, September 8, 2006 - 17:43. Updated on Sunday, September 14, 2014 - 20:33.
No costs were awarded to the Government of Tonga, the Prime Minister and the Speaker of the House after the Tonga Supreme Court heard submissions on costs for the Parliamentary case that challenged the legality of the Opening of the Tongan Legislature by the Princess Regent on June 1.
However Tonga's Chief Justice made it clear that was a one-off case and warned that in future anyone who wanted to disrupt or make life difficult for the government with an action should be sure of their grounds if they wished to avoid possible heavy costs against them.
Chief Justice, Robin Webster yesterday September 7, in a written statement outlined his decision. He said that he accepted that at the time there was a feeling among the defendants that, "the case was an opportunistic one brought for political ends just to disrupt the government and make things hard for it, and I can understand why the defendants felt that way."
Mr Justice Webster said that the court should not allow these projected feelings of irritation or annoyance, "to obscure the due exercise of its discretion on costs." He said that after taking the broad view, "for the ultimate benefit of the kingdom, justice would best be served by making no award of costs in this particular case.
"I viewed this as a one-off case with a result of value to the nation as a whole, and I must make it clear that this decision not to award costs relates only to the particular circumstances of this case. Litigants should not seek to bring actions against government, believing that they are free to challenge the constitutionality of statutory provisions, no matter how spurious the grounds for doing so may be or how remote the possibility that this court will grant them. Any person contemplating an action, which may disrupt or make life difficult for the government, or with any hint of a vendetta should understand that, if the normal rule on costs is applied, they might find themselves in a different position; and they would be well advised to be sure of their grounds if they wish to avoid possibly heavy awards of costs against them."
Earlier on June 19 the Chief Justice had ruled in favor of the three defendants that the opening of the Tongan Legislature by the Princess Regent Pilolevu Tuita was lawful, in a case that was brought against them by eight members of Parliament. The plaintiffs were Noble Lasike, 'Akilisi Pohiva, 'Isileli Pulu, Clive Edwards, 'Uliti Uata, Vili Kaufusi Helu, Sunia Fili and Lepolo Taunisila were all represented by Clive Edwards.
On August 25 a separate hearing to decide the issue of costs was held at the Nuku'alofa Supreme Court and after hearing submissions from the legal parties involved, Mr Justice Webster reserved his decision that was given out yesterday.
The counsel for the defendants were ...Aisea Taumoepeau for Noble Tu'iha'angana, Harry Waalkens QC for Prime Minister Dr Feleti Sevele and Linda Folaumoetu'i for the Kingdom of Tonga.