A contempt of court application, filed against the Minister and Ministry of Infrastructure by three contractors, was adjourned to 12 April for further consideration, at the Supreme Court in Nuku'alofa.

The plaintiffs, Island Dredging Limited, City Engineering & Constructions Limited and Inter Pacific Limited, filed the application for contempt of court against the Ministry of Infrastructure and Minister, Hon. Seventeen Toumo'ua. This was in regards to an earlier court order, which they claimed the Ministry and Minister had failed to comply with.

The plaintiffs’ applied for interlocutory mandatory injunction, and on 21 February 2023, the Lord Chief Justice Whitten KC), ordered that pending the final hearing and determination of the proceeding or further order: 

• the defendants are restrained from acting upon or implementing an Invitation to Bid dated 26 September 2022, or inviting any other bids, for the Supply and Delivery of Coral Fills to Constituency 9, Matatoa, Kanokupolu, Masilamea and ‘Atata;
• the first defendant (Ministry of Infrastructure) is restrained from acting on the letters purporting to be Notices of Termination dated 18 January 2023 in respect of the contracts between it and the second and third plaintiffs for the supply and delivery of coral fill for Tongatapu;
• the first defendant shall undertake all such requirements as are necessary for the resumption of the Schedule of Requirements for the provision of the supply of coral fill to all three plaintiffs' contracts;
• the first defendant shall also undertake all requirements for the resumption on the provision to supply clay soil fill in the second plaintiff's contracts.

Adjourned

Last week, on 17 March, the Lord Chief Justice in a 'Minute of Mention' regarding the plaintiffs' application for contempt proceedings, adjourned it to 12 April, for further consideration. Plaintiffs filed application

On 6 March, the plaintiffs filed the application for leave to start proceedings against the defendant for contempt of court on the basis, in summary, that they had failed to comply with the orders. Leave is required [ to file an application] but. Mr Edwards [for plaintiffs] had handed Mr Sisifa [for defendants] a copy of the application in court.

"As at 16 March 2023, when the plaintiffs filed a further affidavit of Siosaia Moehau, it appears that all that has happened since the orders were made is that a number of meetings with Ministry staff have being conducted to discuss resumption of the works. “However, the plaintiffs also allege, and their material on the application evidences, that the Minister has expressed an intention to continue with contracts let to other contractors in respect of work, which forms part of the subject matter of the plaintiffs’ contracts notwithstanding an undertaking given on behalf of the Ministry at the commencement of this proceeding that, that would not occur."

“As to whether contempt proceedings may lie as against the Ministry.....There is no issue that contempt proceedings can lie against officers of the Crown, including Ministers,” he said.

"However, in order for counsel to consider those decisions, the utility of some of the sanctions sought by the plaintiffs and to enable whatever agreements or decisions that have been reached during the various meetings to date to come to fruition with, hopefully, the resumption of works, it was agreed that further consideration of the application be adjourned to 12 April."

In the contempt proceedings, William Edwards represented the plaintiffs, while the Solicitor General, Sione Sisifa acted for the defendants.

CEO

Meanwhile, Siosaia Moehau is the CEO of City Engineering & Constructions Ltd, as listed on their webpage.