3 October 2025: The Supreme Court in its ruling on Friday 3rd October 2025 dismissed the claim for judicial review filed in May 2024 by former Tonga Development Bank CEO Mrs Emeline Tuita and former Chairman Mr Penisimani Vea against the National Reserve Bank of Tonga imposition of supervisory directives.
The dismissal of the Claim for Judicial Review also saw the dissolution of the injunction preventing the TDB taking action against the former CEO.
In addition to dismissing the Judicial Review proceedings the Supreme Court struck out the claim against the NRBT, the Governor and two other journalists as defective and necessitating it be struck
out with liberty to replead. Costs were reserved.
The dismissal of both sets of proceedings is a clear example of the administration of justice being undertaken responsibly in the Kingdom of Tonga.
The Plaintiffs’ claims followed Directives issued by the Reserve Bank in May 2024 to bar the former TDB CEO and remove the former TDB Chairman to ensure prudent management of the bank. On 29 April 2025 the Supreme Court gave leave to the Tonga Development Bank to withdraw and discontinue proceedings in CV24 of 2024 and CV34 of 2024 against the NRBT and the Governor.
Governor Tatafu Moeaki stated after publication of the Court’s decisions that:
“Ensuring the safety and soundness of the banking sector is not only a supervisory duty of the Reserve Bank but also a financial imperative for Government and shareholders and a matter of national financial stability and economic growth. NRBT therefore welcome today’s long-awaited Court decisions.”
--
