Lord Sevele should have another chance to argue his case for compensation over the government’s decision to abandon the 2019 Pacific Games, the Supreme Court has ruled.
Lord Chief Justice Paulsen said justice required that Lord Sevele be given an opportunity to be heard.
His ruling followed an application by the government to strike out Lord Sevele’s claims against them. He had amended the argument set out in claims over his dismissal.
The Supreme Court ruling stemmed from the Tongan government’s decision to hold the 2019 South Pacific Games.
In 2013 the Pacific Games Organisation Act was passed to establish the Tonga Pacific Games Organizing Committee to organize, oversee and conduct the games.
Lord Sevele was appointed by CEO of the committee.
On or about May 17, 2017, the Government of Tonga decided to withdraw from holding the Games.
At a meeting of 27 July 2017, the Committee decided to wind up its affairs and agreed to terms upon which Lord Sevele’s employment would be terminated. The Committee agreed to pay him TP$105,869.98.
On August 3, 2017, the Committee notified the Government of the terms of the settlement. The Government did not respond.
In late September that year Lord Sevele’s counsel wrote to the Minister of Finance, asserting that the Government was responsible for payment of the settlement sum. Again the Government did not respond.
Lord Sevele began legal action over the payment in January 2018.
The committee, which no longer existed as a legal entity, did not file a statement of defence. The government did not file a statement of defence.
The Supreme Court entered judgement in default of defence as to liability against the government.
The government applied to have this judgement set aside and this was done in November.
In November last year the government applied to have the plaintiff’s statement of claim struck out.
Lord Sevele then filed amended statements of claim in December last year.
Lord Chief Justice Paulsen ruled in favour of the government in their application to have the amended statements be struck out.
“The amended statement of claim presently pleads no tenable causes of action and is otherwise defective.” the judge said.
However, he said a claim based on breach of the plaintiff’s constitutional rights could not be excluded.
“In my view, this case raises an important issue and while the amended statement of claim should be struck out the justice of the case requires that the plaintiff be given a further opportunity to amend his claim,” the judge said.
The main points
- Lord Sevele should have another chance to argue his case for compensation over the government’s decision to abandon the 2019 Pacific Games, the Supreme Court has ruled.
- His ruling followed an application by the government to strike out Lord Sevele’s claims against them. He had amended the argument set out in claims over his dismissal.
- The Supreme Court ruling stemmed from the Tongan government’s decision to hold the 2019 South Pacific Games.
