Land Court reduces Lord Nuku’s penalty to TP$3 million

    An appeal by Lord Nuku against a TP$5 million judgement made against him in the Lands Court has been partially successful, but he must still pay more than TP$3 million to Lord Luani.

    The appeal followed a case before Mr Justice Scott in May.

    In his summary of the case, Mr Justice Blanchard said that on May 5 this year the court found in favour of Lord Luani for TP$5,556,000 against Lord Nuku and a number of Chinese companies for trespass on two blocks of land referred to as Lot 85 and Lot 90.

    The appeal related to the costs made against trespass on Lot 85 in Malapo.

    Lord Luani sued the defendants on various causes of action based on quarrying on Lot 85 between  2011  and 2013.

    The quantity removed was found to be 85,009 cubic yards of rock.

    As Kaniva News reported earlier this year, Lord Luani told the court that Lord Nuku had never acquired any interest in Lot 85 and that he had no authority to enter it or to allow the two Chinese companies to mine it.

    He said that neither he nor his father had ever received any  payment at all for the rock and coral excavated from Lot 85.

    In his judgement Mr Justice Scott said none of the legal requirements for mining Lot 85 had been met and therefore Lord Nuku and the Chinese companies were  trespassing.

    He therefore awarded damages equivalent to the value of the materials extracted from the lot by the mining company.

    After reviewing Lord  Nuku’s appeal, Mr Justice Blanchard found that there was no evidence that Lord Nuku or the Yan Jian Group Co Ltd were guilty of fraud or conscious wrongdoing.

    He set aside the evidence on which the value of the extracted rock was calculated and reduced its value to TP$3,380,335.

    As a result the appeals by Lord Nuku and Yan Jian Group Co. Ltd allowed in part.

    The judgment against Lord Nuku and Yan Jiang Group Ltd was set at TP$3,380,335 and costs with effect from May 5, 2017 with interest at the rate of 10% per annum from that date until satisfied.

    Other appeals by Lord Nuku and Yan Jiang Group Ltd were dismissed.

    The appeal by Yan Jian Tonga Ltd was allowed.

    The court ordered Lord  Nuku to pay Yan Jian Tonga Ltd’s costs.

    The main points

    • An appeal by Lord Nuku against a TP$5 million judgement made against him in the Lands Court has been partially successful, but he must still pay more than TP$3 million to Lord Luani.
    • The appeal followed a case before Mr Justice Scott in May.
    • The appeal related to the costs made against trespass on Lot 85 in Malapo.
    • Lord Luani told the court Lord Nuku had never acquired any interest in Lot 85 and had no authority to enter it or to allow the two Chinese companies to mine it.

    For more information 

    Land Court finds Lord Nuku and mining company were trespassing

    1 COMMENT

    1. Na’e ola lelei e tangi ‘a Looti Nuku ‘i hono moʻua ne tu’utu’uni ‘e he fakamaau’anga kelekelé ke ne totongí ka kuopau ke ne kei totongi pe ʻa e paʻanga laka hake ʻi he tolu milioná kia Looti Luani.

      Ko e tangi ʻeni hili ha hopo he māhina Meé ʻo fakahoko ʻe Fakamaau Scott.

      ʻI hono fakamāʻopoʻopo ʻo e keisí ni, naʻe pehē ai ʻe Fakamaau Blanchard ʻi he ʻaho 5 ʻo Mē ʻo e taʻu ní naʻe tali ai ʻe he fakamaauʻangá e ʻeke ʻa Looti Luani ke totongi huhuʻi ʻe Nuku mo ha ngaahi kautaha Siaina ʻa e paʻanga $5,556,000 koeʻuhi ko ʻena halalotoʻapi ʻi hano ongo konga kelekele ʻe ua ko e loti 85 mo e loti 90.

      Ko e tangi leva naʻe fekauʻaki ia mo e ngaahi totongi ne hilifaki fekauʻaki mo e loti 85 ʻi Malapo.

      Naʻe fakaʻilo ʻe Looti Luani ʻa e kau fakaʻiloá ʻi he ngaahi meʻa ne nau fakahoko ʻi he fuʻu maka ʻi he loti 85 mei he 2011 ki he 2013.

      Ko e lahi ʻo e maka naʻe toʻó naʻe feʻunga mo e kiupiki ʻiate maka ʻe 85,009.

      Hangē ko ia ne lipooti ʻe he Kanivá ki muʻa he taʻu ní, naʻe fakahā ʻe Looti Luani ki he fakamaauʻangá naʻe ʻikai ha fakaʻekeʻeke ange ʻe taha ʻa Looti Nuku fekauʻaki mo haʻane fiemaʻu ke fai ʻi he loti 85 pea naʻe ʻikai hano mafai ke hū ki ai pe fakaʻatā ʻa e ongo kautaha Siainá ke na tata maka mei ai.

      Naʻá ne toe meʻa ʻo pehē ne tatau pe ia mo ʻene ʻeikí ne ʻikai ke na maʻu ha totongi ʻe taha mei Nuku heʻenau tata ko ʻeni e maka mei he loti 85.

      ʻI heʻene tuʻutuʻuní naʻe pehē ʻe Scott naʻe ʻikai ha makatuʻunga fakalao ʻe taha ke nau tata e maka ʻi he loti 85 pea ko ia ai naʻe halalotoʻapi ʻa Nuku mo e ngaahi kautaha Siainá.

      Naʻá ne foaki leva ʻa e mahuʻinga fakapaʻanga ki he maumau ne nau fakahoko ʻi hono tata ʻo e maká.

      Ka ʻi hono toe vakaiʻi ʻe he fakamaau tangí ʻa e tangi ʻa Nukú naʻe pehē ʻe Blanchard naʻe ʻikai ha fakamoʻoni naʻe halaia ʻa Nuku pe kautaha ko e Yan Jian Group Co. Ltd ki he kākā ke maʻu ha paʻanga pe faihia ʻi he ʻilopau.

      Naʻá ne fakatatafe leva ʻa e fakamoʻoni ne makatuʻunga ai hono fikaʻi hono tata ʻo e maká ka ne holoki hifo ki he paʻanga pe ʻe $3,380,335.

      Ko e toenga leva ʻo e ngaahi tangi ʻa Nuku mo e kautaha Yan Jiang Group Ltd naʻe ʻikai tali ia ʻe he fakamaauʻangá.

      Naʻe tali ʻa e tangi ʻa e Yan Jian Tonga Ltd pea tali ʻe he fakamaauʻanga ke totongi ʻe Nuku ʻenau fakamole ki he hopó.

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