Tonga's Chief Justice R. M. Webster today, November 15 rejected an application by FlyNiu Airlines Ltd. and Air National Corporate Ltd. for a Judicial Review of the government of Tonga's Domestic Civil Aviation Policy, which came into force on 30 July 2004.

Mr Justice Webster decided that "...…I have come to the conclusion that the matter to which the application relates, the Domestic Civil Aviation Policy of the Kingdom of Tonga, as decided at the level of the Cabinet and the Privy Council, is inherently unsuitable for review by the Supreme Court because in practical terms the Court would not be competent to do that." He said that the Court would be in a judicial no-man's land, "with no judicial or manageable standards by which to judge the issues."

However, Chief Justice Webster granted a Judicial Review of the decision by the Ministry of Civil Aviation to revoke the Foreign Air Operator Certificate of Air National Corporate Ltd.

The Counsel for the plaintiffs FlyNiu Airlines Ltd. and Air National Corporate Ltd. was Mr Edwards.

The Counsel for the first defendant, HRH Prince 'Ulukalala Lavaka Ata, Prime Minister and the Minister for Civil Aviation were Mr Gudsell, Mr Nielsen and Mr Havea; the Counsel for the second defendant, the Kingdom of Tonga, were the Solicitor-General and Miss Fukofuka; and the Counsel for the third defendant, Peau-'o-Vava'u Ltd. was Mr Waalkens QC.