Justice O. G. Paulsen on 8 January 2018 dismissed an application by ‘Etuate Lavulavu for the Supreme Court to change a “Consent Order” that came into effective on 11 August 2017.

Under the Consent Order, ‘Etuate Lavulavu was to pay Viliami Latu the sum of $69,319.90, agreed upon after the plaintiff, Viliami Latu was successful in obtaining a declaration that the election of the defendant, ‘Etuate Lavulavu on 27 November 2014 as the People’s Representative for Vava’u Constituent No. 16 was void.

On 17 June 2016 costs were fixed in favour of Viliami Latu with the sum of $69,319.90. The order of 17 June 2016 was varied by consent on 11 October 2016 and again on 11 August 2017.

The Consent Order of 11 August 2017 was the third time that the original Consent Order of 17 June 2016 had been varied.

Justice Paulsen's ruling was in response to an application by ‘Etuate Lavulavu to vary the terms of the consent order of 11 August 2017, to give him more time to pay the $69,319.90, but Viliami Latu opposed the application.

Justice Paulsen in concluding his decision stated that “notwithstanding that, Mr. Latu has already agreed on two occasions to vary the terms of payment of his costs to accommodate Mr Lavulavu's circumstances. Mr Latu is entitled to say 'enough is enough'.”

He dismissed ‘Etuate Lavulavu’s application to vary the consent order of 11 August 2017. Viliami Latu is awarded costs to be fixed by the Registrar if not agreed.

The Legal Counsel for Viliami Latu was W. C. Edwards Snr. and ‘Etuate Lavulavu represented himself.