Supreme Court turns down application to have repayment order for unpaid loan set aside

‘Ikai tali ‘e he Fakamaau’anga Lahi e kole ‘a e ongo talatalaaki ko Talifolau mo Jacinta Koto ke ‘oua te na totongi ki he fakamaau’anga’ ‘a e $20,000 ko ‘ena nō. Na’a na taukave’i ne ‘ikai ha’ana ‘ilo ki he’ena nō ko ‘eni’, ‘a ia na’e toe tānaki fakalahi atu ki he’ena nō $70,702.80 ke totongi ‘osi ‘aki ‘ena nō fale he Pangikē Talifaki Fakafonua’. Na’e faka’ikai’i ‘eni ‘e he pangikee’ ‘o pehē ne ‘ilo pe ‘e he ongo mātu’a ‘a e toe nō fakalahi ko ‘eni’ pea’ ne tui ‘a Fakamaau Lahi Laki Niu ki he pangikee’ ‘o ne tu’utu’uni ai kuopau ke na totongi kotoa ‘a e $70,702.80 fakataha mo e tupu pēseti ‘e 12.25 ‘ he ta’u fakataha mo e $19,893.78 tānaki ki ai mo e tupu pēseti ‘e 17.75 he ta’u.

The Supreme Court has dismissed an application by a couple to have an order against them by the ANZ bank set aside.

 In May 2009 the court ordered that Talifolau and Jacinta Koto pay $70,702.80 plus interest at 12.25% per annum and $19,893.78 plus interest at 17.75% per annum.

The judgements were made with regard to an unpaid housing loan.

The couple claimed that in 2005 they borrowed $45,000 from the ANZ to pay off a housing loan with the Reserve Bank of Tonga and a personal loan from Westpac.

They claimed the ANZ had charged an extra $20,000 to their housing loan which they say they never received.

They said they were unaware of the addition until they were served with a default judgement in 2009.

The ANZ denied the claim and said the Kotos had applied for the additional funds and used for kitchen renovations.

Judge Niu said he was satisfied the couple had received the money and were aware of the increase in their loan.

“I consider that they have no justifiable basis to make this application and I accept that they were and are aware that they do not,” the judge aid.

“Accordingly I order that the application to set aside the default is dismissed.”

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