The hearing of an ongoing court battle between Lord Sevele-‘O-Vailahi, the Chairperson with nine staff members of Tonga’s Pacific Games Organizing Committee, in a court case against the Kingdom of Tonga is scheduled to be heard by Lord Chief Justice M.H. Whitten QC, at the Nuku’alofa Supreme Court on 14 February 2020.

Lord Sevele and the staff of the Tonga Pacific Games Organizing Committee are taking legal action against government. They seek the Tonga Pacific Games Organizing Committee TPGOC to honour its commitment to pay $105,869.89 pa'anga compensation to Lord Sevele and nine members staff of the TPGOC after the Tongan government in May 2017 withdrew from hosting the 2019 Pacific Games.

Following the first hearing of this case on 3 October 2019 by Tonga’s new Lord Chief Justice Whitten QC, a trial date was set for 14 February 2020.

The legal confrontation between Lord Sevele and his staff, and the Tongan Government began after the Tongan Government in May 2017 decided to withdraw from hosting the 2019 Pacific Games.

Tonga on 19 October 2012 signed a contract to host the 2019 Pacific Games, and the Tongan government established the Pacific Games Organizing Committee under the Pacific Games Organisation Act 2013.

Lord Sevele signed a contract with the Tonga Pacific Games Organizing Committee on 9 May 2014 to be the Chief Executive Officer and the Chairperson of the Committee.

The function of the committee, included the preparation, management and conduct of the 2019 Pacific Games in Tonga.

However in May 2017, the Tonga government decided to withdraw from hosting the 2019 Pacific Games. On 29 June 2017, Parliament passed the Pacific Games Organization (Repeal) Act 2017.

On 27 July 2017 the Tonga Pacific Games Organizing Committee agreed to wind up its affairs, and agreed to terms, upon which the Plaintiffs’ employment would be terminated.

It is claimed that the Committee agreed to make payment of a sum of $105,869.89 pa'anga, and that the Committee on 3 August 2017 notified the Government of the terms of the settlement, but there was no response from government.

On 9 January 2018 Lord Sevele and the nine staff of the Tonga Pacific Games Organizing Committee took the Committee to court.

The proceeding was served on the Kingdom on 12 January 2018, but no statement of defence was filed by the Kingdom and on the plaintiffs’ application judgment in default of defence as to liability was entered against the Kingdom on 2 August 2019.

The Kingdom applied on 22 August 2018 to set aside the default judgments. It argued that there was a good reason for the failure to file a defence as the parties preference was to reach a negotiated settlement.  

Previously the court proceeding was presided over by Lord Chief Justice O. G. Paulsen whose tenure as the Lord Chief Justice in Tonga ended on 31 July 2019.

His final remark relating to the case – “I have not heard any meaningful argument as to costs and, as my tenure as Lord Chief Justice ends today (31 July 209), I cannot call for memoranda. In those circumstances, I consider it prudent to simply reserve costs.”

The case came before Lord Chief Justice Whitten on 3 October 2019, and paragraph (b) of the prayer for relief in the Third amended Statement of Claim was struck out. (Paragraph (b) - A declaration that the Plaintiff is entitled to payment of the Settlement together with 10% interest thereon.)

However an application by the Defendant, the Kingdom of Tonga to strike out paragraph (c) of the prayer for relief in the Third Amended Statement of Claim is struck out, and the Defendant’s application to strike out paragraph (c) of the prayer for relief was dismissed.

The defendant, the Kingdom of Tonga is to file and serve its Statement of Defence by 1 November 2019, and any replies by the Plaintiffs, Lord Sevele, Sakopo Lolohea and eight others are to be filed and served by 19 November 2019.

A trial date for the case was set for 14 February 2020 at the Nuku’alofa Supreme Court.