THE second session of the Tonga Court of Appeal 2010 concluded in Nuku'alofa Supreme Court today with the delivery of judgements that included dismissing an appeal made by the former Minister of Transport, Paul Karalus.

The appeal was made against a judgement made by former Chief Justice Anthony Ford on August 9, who refused the former Minister of Transport's application for a judicial review of the Report of the Royal Commission of Inquiry into the Sinking of the MV Princess Ashika.

Justice James Burchett, Justice Peter Salmon and Justice Michael Moore in a three page written decision said the grounds of the decision was the appellant's failure to satisfy the judge that
"he had an arguable case."

Justice Burchett said in delivering their judgement in court that after considering the statement of claim and part of the Royal Commission's Report they came to the conclusion that there was no "arguable case" as it is fundamental in a judicial review.

"Judicial review does not provide means of appealing against findings of fact. Not only does the appellant seek to challenge the findings of fact, he also seeks in this judicial review proceeding to insist that other findings of fact, which the Royal Commission did not make, should have been made."

The Court of Appeal in dismissing the appeal, ordered the appellant Karalus to pay costs of the amicus curiae