The Supreme Court has ordered a man who promised to grow and market crops for three overseas investors to make substantial reparations in three currencies.
The court met to decide what payment should be paid after an earlier court case found in favour of the complainants.
Siosifa Koloti Seluini and his company were found guilty of breaching an agreement to plant, farm, harvest and sell crops for ‘Isileli Saluni, Fifita Saluni and Sione Saluni by the court on November 21, 2016.
The court was told that the Salunis met Seluini in 2014. He convinced the plaintiffs to allow him to assist them and he and his company were engaged to act as their agents to plant, grow, harvest, export and sell their crops.
Lord Chief Justice Paulsen said the Salunis incurred significant expenditure to purchase seeds, pay for labour, equipment and for travel/accommodation costs in respect of the venture.
The defendants breached the agency contract as they failed to account to the plaintiffs for any of the proceeds of sale of the plaintiffs’ crops.
They retained valuable equipment and plant provided by the plaintiffs for the purposes of the venture and did not return it.
Seluini did not comply with a court order to provide a full account in English of financial transactions, original documents and details of the whereabouts of missing equipment.
The plaintiffs sought to recover costs for money lost as a result of Seluini’s breach of contract in Tongan pa’anga and New Zealand and Australian dollars depending on where expenditure was incurred. Total costs sought were TP$66,455.55, NZ$40,840.70 and Aus$3263.12.
Lord Chief Justice Paulsen did not allow all claims, saying that some were too old and others not justified.
However, he ordered the following costs to be paid:
TP$64,020.11 and NZ$15,263.80 for production and labour costs.
TP$1789 and the sum of NZ$7250 for equipment.
TP$646.44, NZ$755 and Aus$3263.12 for travel and communication.
In addition, the Salunis were entitled to costs and reasonable disbursements as fixed by the Registrar of the Court.
The main points
- The Supreme Court has ordered a man who promised to grow and market crops for three overseas investors to make substantial reparations in three currencies.
- Siosifa Koloti Seluini and his company were found guilty in an earlier trial of breaching an agreement to plant, farm, harvest and sell crops for ‘Isileli Saluni, Fifita Saluni and Sione Saluni.
- Lord Chief Justice Paulsen said the Salunis incurred significant expenditure to purchase seeds, pay for labour, equipment and for travel/accommodation costs in respect of the venture.
- The defendants breached the agency contract as they failed to account for any of the proceeds of sale of the plaintiffs’ crops and kept valuable equipment and plant.
