Settlement action against Tonga Star fails [1]
Tuesday, May 3, 2005 - 16:39. Updated on Thursday, May 1, 2014 - 13:17.
A settlement action brought by Hon. Dr Feleti Sevele against a newspaper publisher, Sangstar Saulala, has failed.
Hon. Mr. Justice Anthony Ford passed a judgement on April 29 on a civil action following a hearing from April 11-13 at the Nuku'alofa Supreme Court,
The action was based on a defamation case brought by Hon Dr. Feleti Sevele against Sangstar Saulala as the publisher and the editor of Tonga Star newspaper in November 2003, and whether or not both parties verbally agreed to a settlement out of court was the issue of case.
In the February 2003 issue of the Tonga Star newspaper, Sevele claimed that a letter written by 'Ate Fulufulu published in the Tonga Star of February 2003 was untrue and defamatory.
On November 21, 2003 the lawyers of both parties, Laki Niu for Sevele, and William Edwards for Saulala, were said to have verbally agreed to settle out of court, with the defendant to pay Sevele $32,500 pa...anga for costs and damages and an apology to be printed out in the next issue of Tonga Star newspaper.
However, the defendant denied that such an agreement was ever reached.
Justice Ford said in his judgment that as in any litigation, the onus of proof is on the plaintiff to establish his case on the balance of probabilities. For the reason outlined the plaintiff had failed to persuade him that the parties settled this proceeding by an agreement entered into verbally by lawyers of both sides on or about November 21.
He also said that given his findings on facts, it was unnecessary for him to consider the interesting legal issues he heard in submissions relating that the two lawyers had actual, ostensible or implied authority to enter into a binding settlement. As it transpired, that issue never became a relevant consideration, he said.
Therefore Justice Ford declared Sevele's defamation cause of action remains extant. The defendant was entitled to costs to be agreed or taxed.
Harry Waalkens was the legal counsel for Sevele and William Clive Edwards Sr. represented Saulala.