NZ enforcement action against Lord Fulivai and wife, allowed to proceed in Tonga [1]
Monday, March 14, 2022 - 23:22. Updated on Monday, March 14, 2022 - 23:25.
He said the applicant sought the registration of the judgment in his favour obtained in the High Court of New Zealand on 30 September 2021 in the sum of NZD$253,370.60 (equivalent to TOP$407,777) together with the costs of the application claimed in the sum of TOP$765.
“Having considered the application and affidavit in support, I am satisfied that the applicant has fulfilled the requirements of s 4 and rule 4 for registration of the judgment. I also consider the applicant's claim for the costs of the application to be reasonable.” he said.
Rule 4 entitled the applicant to enforce the judgement in Tonga.
"I also consider the applicant's claim for the costs of the application to be reasonable."
Orders
The Chief Justice then ordered that Judgment CIV-2021-404-000278 [2021] NZHC 2569 issued by the High Court of New Zealand in favour of Christopher Sean Barrett against David Fulivai and Helen Fulivai, in the sum of NZD$253,370.60, being equivalent to TOP$407,777 be registered in the register kept by the Registrar in the Central Registry of the Supreme Court.
The applicant has leave to obtain from the Central Registry a Certificate of registration of the judgment stating the matters specified in rule 5(2) of the Rules.
The couple as judgment debtors are to pay the applicant’s costs of this application in the sum of $765 pa'anga.
Living in Auckland
Meanwhile, the couple who are currently living in Mangere Bridge, Auckland, have been served with the Ruling and Certificate of Registration of Judgment in the Supreme Court of Tonga, on Saturday, March 12.
The couple has 28-days from the date of being served the documents to apply to set aside the registration of the judgment, in the Supreme Court of Tonga.
NZ High Court judgment
Barrett, brought the civil lawsuit with SAI Limited, a company with a registered office in Nuku'alofa.
The judgment revealed that Barrett had paid the couple, on the basis that they could arrange the grant of 99 year leases of land in Tonga, which they did not honour.
Following the successful judgement in this civil case in New Zealand, Barrett then proceeded to make demands on the couple for payment of the sum, which resulted in this enforcement action in Tonga.
Lord Fulivai, a Tongan hereditary noble was appointed Governor of Vava'u in 2011, a position which he held for a few years.
His estates are Hunga, Fangalepa and Loto'uiha in Vava'u.