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Fiji Islands - Tonga Law Reports - Subject Index TONGA LAW REPORTS
1989
EDITORS:
Professors Don Paterson
Department of Law, University of the South PacificHon. Mr Justice Nigel Hampton
(Chief Justice)[Paclaw/footer.html]
INDEX OF SUBJECT MATTER
PAGE
ADMINISTRATIVE LAW
Natural justice – principles not applicable to private employment
Hougland v. Tonga Family Planning Association
87
CIVIL PROCEDURE
Enforcement of judgment – principles applicable
Tonga Air Services Ltd. v. Fowler
04
Injunction – interim injunction – principles applicable
Paseka v. Langi
01
Pleadings – further particulars – principles applicable
Pohiva v. Akau’ola
53
CONSTITUTION
Principles of interpretation
Finau v. Alafoki
Tu’itavake v. Porter, Government of Australia and Attorney-General
66
14
Retrospective legislation
Bennett v. Bennett
45
CLAUSES
20 Bennett v. Bennett
104 Finau v. Alafoki
90 Tu’itavake v. Porter, Government of Australia & Attorney-General
45
66
14
CONTRACT
Agent – principal may sue
Cable & Wireless plc v. Mataele
79
Contract Act – not applicable where liability imposed by statute
Cable & Wireless plc v. Mataele
79
Not applicable unless person claiming its protection proves that he or she is Tongan
Cable & Wireless plc & Mataele
79
Employment – conduct justifying summary dismissal
Houghland v. Tonga Family Planning Association
Teu v. Commodities Board of Tonga
87
94
Public utility – terms as to credit
Walter Trading v. Cable & Wireless plc
41
Illegality – contract of employment not illegal because employee does not have work permit
Houghland v. Tonga Family Planning Association
87
CRIMINAL LAW
Unlawfully killing a pig – defence of protection of property
R v. Fakatava
73
CRIMINAL PROCEDURE
Confession of guilt – admissibility – principle applicable
R v. Pallate
109
DIVORCE
Ancillary relief – lump sum – principles for assessment
Kinikini v. Pohahau
83
Grounds for divorce – separation for 2 years or more – effect of Divorce (Amendment) Act 1988
Bennett v. Bennett
45
EMPLOYMENT
Conduct justifying dismissal
Houghland v. Tonga Family Planning Association
Teu v. Commodities Board of Tonga
87
94
Probation period
Houghland v. Tonga Family Planning Association
87
ESTOPPEL
Allotment holder estopped from evicting occupier
Matavalea v. Uata
Vai v. Uliafu
101
56
EVIDENCE
Burden of proof in civil proceedings
Tu’itupou v. Cocker
49
Confession of guilt – admissibility – principles applicable
R v. Pailate
109
INJUNCTION
Interim injunction – principles applicable
Paseka v. Langi
01
INTERNATIONAL LAW
Common law principles of sovereign immunity applicable
Tu’itavake v. Porter, Government of Australia and Attorney General
14
State Immunity Act 1978 UK applicable in Tonga
Tu’itavake v. Porter, Government of Australia and Attorney General
14
JUDGES’ RULES
Applicable in Tonga
R v. Pailate
109
LAND
Allotment holder estopped from evicting occupier
Matavalea v. Uata
Vai v. Uliafu
101
56
Bona fide purchase for value – constructive notice of trust
Finau v. Finau, Teta Ltd and Minister of Lands
104
Disposal of land by will
Leger v. Niu
11
Granting of allotment not sale even if payments made to estate holder
Finau v. Alafoki
66
Registration – invalidity of registration
Vai v. Ullafu
56
Surrender of tax allotment – consent of heir not necessary
Vakamellalo v. Vakamellalo and Minister of Lands
98
LIMITATION OF ACTIONS
Not applicable to enforcement of judgment
Tonga Air Services Ltd v. Fowler
04
Principles applicable to claim by heir for surrendered allotment
Vakameilalo v. Vakamellalo and Minister of Land
98
NATURAL JUSTICE
Not applicable to private employment
Houghland v. Tonga Family Planning Association
87
PARTNERSHIP
Existence of partnership – principles applicable
Tu’itupou v. Cocker
49
PROBATE AND ADMINISTRATION
Letters of administration – incorrectly granted
Leger v. Niu
11
Wife – whether entitled to succeed to property of husband
In re’Alatini Deceased
76
PROPERTY
Wife – whether entitled to share of husband’s property
In re-Alantini Deceased
76
PUBLIC UTILITY
Abuse of monopoly or dominant position
Walter Trading v. Cable & Wireless plc
41
QUANTUM MERUIT
Applicable where person has accepted services which he or she knew were not free of charge
Cable & Wireless plc & Mataele
79
STATUTES
Application of English statutes – State Immunity Act 1978 UK
Tuitavake v. Porter, Government of Australia and Attorney General
14
TORTS
Unlawful interference with contract – principles not applicable to parties to contract
Walter Trading v. Cable & Wireless plc
41
WILL
Principles of interpretation
Leger v. Niu
11