In his last ruling in the Supreme Court, Lord Chief Justice Paulsen has partly rejected an appeal by Lord Sevele ‘O-Vailahi against the government.
Lord Chief Justice Paulsen said part of the plaintiff’s complaints were untenable, but made provision for an amended appeal to be made.
The case stems from the government’s decision in to withdraw from hosting the 2019 South Pacific Games.
The government passed an act repealing the Pacific Games Organization Act, which provided a legal framework for withdrawing its commitment.
As a result, the body formed to organise and oversee the 2019 games, the Tonga Pacific Games Organizing Committee decided to dissolve itself and agreed to pay the noble TP$105,869.89 for his services as its chief executive.
It then claimed the government was responsible for paying the money.
The government declined to respond and legal action was taken against the government in January 2018 on the basis that the repeal of the Act was in breach of the government’s statutory duty.
This appeal was dismissed.
In the new appeal, the plaintiff argued it was argued that the government’s actions were unconstitutional in that by not paying him the money claimed, the government was breaching the constitution by taking away his right to receive a settlement.
The government applied to have the appeal struck out, arguing that the payment to Lord Sevele was essentially a “golden handshake” and the government could reasonably be expected to pay it.
The government argued the Repeal Act had been passed before the settlement between Lord Sevele and the Organizing Committee occurred, so there could be no claim its effect was retrospective.
After hearing evidence from Lord Sevele’s counsel, Lord Chief Justice Paulsen said there was no evidence that the Organizing Committee could not have expected the government to pay Lord Sevele’s settlement.
Nor did he agree that the Repeal Act did not offend against the rule on retrospective legislation.
Lord Chief Justice Paulsen ruled that Lord Sevele’s remedy was limited to declaratory relief only.
He said by August 28 at the latest legal counsel for both sides should prepare submissions for the new Lord Chief Justice which could include provision for further amended statements of claim.
The main points
- In his last ruling in the Supreme Court, Lord Chief Justice Paulsen has partly rejected an appeal by Lord Sevele ‘O-Vailahi against the government.
- Lord Chief Justice Paulsen said part of the plaintiff’s complaints were untenable, but made provision for an amended appeal to be made.
