The Friendly Islands Satellite Communications Ltd (Tongasat) will have to pay further security of $35,000 pa'anga to the Supreme Court, before their appeal against a ruling of the former Lord Chief Justice may be heard.

Tongasat wants to appeal a ruling that declared the multi-million Chinese aid fund grants paid to the company had been unlawful. 

However, if Tongasat fails to make the payment no later than November 1, 2019 it's appeal will be not be heard during the sitting of the Court of Appeal, in the first session of 2020.

Earlier rulings

On July 31, President of the Appeal Court (former Lord Chief Justice O.G. Paulsen), in a ruling on the application for security costs (no.2), ordered Tongasat to provide the further security for ‘Akilisi Pohiva's (second respondent) costs to be paid by no later than November 1 to the Registrar.

“In the event that the payment is not made by due date the appeal is stayed pending further order of the Court."

Earlier in March, Tongasat was first ordered by the Court to pay $15,000 pa'anga for security of costs before their appeal could be heard in regards to their application to provide new evidence, in which they did.

However, their application to provide further evidence was dimissed by the Appeal Court in April this year.

This second order for security costs is for the substantive appeal, which was ordered to be referred to the President of the Appeal Court (new Chief Justice) on November 1, if Tongasat pay this second round of costs.

This case has been ongoing between Tongasat vs three repondents, namely the Public Service Association Incorporated, 'Akilisi Pohiva and the Kingdom of Tonga.