TRL seeks judicial review over wine seizure and destruction [1]
Monday, January 10, 2011 - 17:30. Updated on Saturday, April 26, 2014 - 15:38.
The Tonga Rugby League has applied for a Judicial Review in the Supreme Court of Tonga against the Deputy Commissioner of Revenue, the Customs Department and the Kingdom of Tonga over a wine consignment that was seized and destroyed in November and December 2010.
The Writ of Summons issued by the plaintiff TRL against the three defendants dated December 16, 2010 required the defendants to file their defence within 28 days of the writ.
In the meantime under a six-page statement of claim attached to the writ, TRL is seeking orders from the court to declare that the seizure notice issued on September 14, 2010 was unlawful.
They are seeking a declaration that the defendants breached natural justice in terms of not giving the plaintiff an opportunity to be heard before destroying the consignment on December 3, 2010.
TRL is also seeking for the court to declare that the defendants acted in malfeasance of their public office in terms of destroying the consignment without the presence of police officers and TRL.
On November 27, 150 boxes of wine were destroyed and over 1000 of the remaining boxes of Shiraz brand and about 724 boxes of Chardonnay were crushed on December 3, 2010.
The seizure of the wine was directed at prohibited goods because there was no business license in place.
Damages
The RL is seeking $186,480 in specific damages as well as $50,000 in general damages and $10,000 in exemplary damages.
No date has been set for a hearing at the Supreme Court.