Court sets aside default judgment against Vava’u Governor [1]
Friday, May 25, 2018 - 18:39
A civil action, filed by a couple who allege false representations were made that they would be granted a lease of a beach in Vava'u for tourism purposes, will be defended by the Governor of Vava'u and the Government of Tonga, after a judgment by default was set aside last week.
Lee and ‘Isileli Latu alleged that the Governor had falsely and negligently represented to them they would be granted the lease of Hinakauea Beach. As a result they incurred large costs that they sought to recover from him.
The Government was said to have been vicariously liable for the Governor’s negligence.
The Supreme Court heard that on March 14 this year, the plaintiffs obtained a judgment by default (failure to file a defence) against the defendants with damages to be assessed.
The defendants then applied for the judgment to be set aside on April 5 and filed further documents to support it, which was heard during this hearing on May 16.
The Chief Justice ruled that he was satisfied of what was before him for the grounds for setting aside the judgment as required.
“The defendants failure to file a defence was due to inadvertence. The defendants have an arguable defence and deny that any misrepresentation was made to the plaintiffs."
The civil action continues and the plaintiffs were ordered to file a reply to the defendant’s statement of defence by June 13. In addition, a further conference for both parties to attend is set for June 15.
The cost of this application was awarded to the plaintiffs in the sum of $500 pa’anga.