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Bound volumes of Western Samoa unreported cases

Supreme Court of Western Samoa Decisions (1994)

Case name




Judgment Date

Betham v BethamApplication for interim maintenance pending determination of petition for divorce

Div. 45/93

26 January 1994

Amosa v The Board of Trustees of the Congregational Christian Church in Samoa (Inc.)

3 February 1994

Wrongful dismissal and defamation

Roy & Drake v Macdonald

C.P. 126/92

16 February 1994

Claim for payment for professional services rendered

Ansett Transport Industries (Operations) Pty Ltd v Polynesian Airlines (Holdings) Ltd

C.P. 314/93

17 February 1994

Motion to strike out statement of claim - estoppel

Police v Afoa

S. 489/93

9 March 1994


British Petroleum South Pacific Ltd v Imo

C.P. 11/92

16 March 1994

Claim for petrol ordered and delivered

Betham v Betham

Div. 45/93

24 March 1994

Petition and cross-petition for divorce - application for ancillary relief

Police v Nelson & Sam

Misc. 15977 & 15978

5 April 1994

Actual bodily harm without lawful justification - appeal against convictions

Pacific Forum Line v Big Save Timber Ltd

C.P. 339/93

8 April 1994

Claim for unpaid freight and customs service charges - interest

Schoonderwoerd v Hunt

3 May 1994

Claim for damages arising out of a bailment - damage caused to plaintiff's chattels as a result of defendant's negligence

Meredith & Cheung Fuk v Pa'u

C.P. 78/94

5 May 1994

Motion to discharge an interlocutory injunction granted ex parte preventing plaintiffs from reclaiming land

Petersen v Feuu & West End Contractor aka West End Dairy Ltd

C.P. 244/93

6 May 1994

Claim for damages for conversion of boat

Police v Posala & Soosemea

S. 571/93, 572/93 & 93/94

13 May 1994

Wilfully and without lawful justification causing grievous bodily harm

Betham Brothers Enterprises Ltd & New Zealand Pacific Container Lines Ltd v Big Save Timbers Ltd

C.P. 22/93

16 May 1994

Claim for unpaid freight and handling charges - counter-claim for damage to consignment

Meleisea v Meleisea

Misc. 14051

24 May 1994

Application for recognition for a decree of divorce claimed to have been obtained in the Family Court in Hawaii

D. Gokal Company Limited v Joseph P. & Tagailima Fruean

C.P. 75/94

30 May 1994

Motion to strike out Statement of Claim - judgment already given in High Court of American Samoa - Limitation Act

Police v Puiai

Misc. 19110

20 June 1994

Post Office employee unlawfully opening a letter - appeal against sentence

Police v Kuki

S. 884/93

21 June 1994

Unlawful sexual intercourse with girl between 12 and 16 years of age

Vitale v Malifa

C.P. 149/91

27 June 1994

Motion to strike out Statement of Claim - civil procedure

Ale v Vaili

29 June 1994

Application by Member of Parliament - to restrain the Speaker of Legislative Assembly's decision declaring parliamentary seat terminated - to declare applicant still validly holds his seat in Parliament - to declare the report made by the Speaker to the Head of State invalid

Godinet v Commissioner of Inland Revenue

C.A. 25/93

1 July 1994

Appeal against conviction and sentence - breaches of Goods and Services Tax Act 1986

Afoa v Police

Misc. 19111

4 July 1994

Causing wilful damage to property - appeal against conviction and sentence

Police v Taalili

S. 10/94

4 July 1994

Murder - challenge against two of assessors appointed for trial for cause - whether counsel may cross-examine assessors

Criminal Procedure Act 1972, Sec. 108 v Posala

Misc. 19107

12 July 1994

Grievous bodily harm - assault - application for re-trial - fresh evidence since the trial - accused "not aware" of charge

Ansett Transport Industries (Operations) Pty Ltd v Polynesian Airlines (Holdings) Ltd

22 July 1994

Claim for possession of a twin-otter aircraft - civil procedure - motion to strike out parts of defence - and for further and better particulars

Police v Lavea

S. 14/94

25 July 1994

Robbery with violence or threats of violence

Taalili v The Commissioner of Prisons

Application for writ of habeas corpus - grounds that assessors functus officio before delivering verdict of manslaughter - assessors had found accused not guilty of murder

S. 10/94

29 July 1994

Ale v Vaili

C.A. 7/94

8 August 1994

Appeal against judgment - civil procedure - application for leave to appeal

Pelenato v Vaitusi

C.P. 98/93

10 August 1994

Claim for unpaid rent - defence that sub-lease unlawful or illegal - tenancy by estoppel

Ansett Transport Industries (Operations) Pty Ltd v Polynesian Airlines (Holdings) Ltd

C.P. 314/93

17 August 1994

Interlocutory issues

Police v Malaitai

S. 34/94

18 August 1994

Theft by a servant - defence of claim of right

National Pacific Insurance Ltd & Potoi v Cardinal Taofinuu & Filipo

C.P. 65/93

5 September 1994

Insurance law - two actions - claim for full indemnity under insurance policy re a motor vehicle accident - claim for damages by second plaintiff

Luteru v The Council of the Western Samoa Society of Accountants

Misc. 15287

12 September 1994

Application for review and appeal - complaints regarding preparation and presentation of annual accounts and audit

Petersen v Feuu & West End Contractor aka West End Dairy Ltd

C.P. 244/93

Addendum - 15 September 1994

Addendum to judgment re quantum of damages

National Pacific Insurance Ltd & Potoi v Cardinal Taofinuu & Filipo

C.P. 65/93

Addendum - 22 September 1994

Addendum re 2 items of damages not dealt with in main judgment

Hunt v A-G

C.P. 351/93

4 October 1994

Availability of judicial review in relation to the forfeiture and seizure of goods under Customs Act 1977 - natural justice

Pita & Others v A-G on behalf of the Registrar of Electors and Voters

Misc. 14033

11 October 1994

Application to strike out certain affidavits - grounds for application are that affidavits are scandalous, irrelevant and argumentative

Police v Liu

S. 69/93

21 October 1994

Grievous bodily harm without lawful justification

Uiagalelei v The Public Trustee & Another

Misc. 18002

2 November 1994

Civil procedure - appropriateness of application for declaratory judgment

Chan Chui & Sons Ltd v Samoa Air Company Ltd

C.P. 117/94

8 November 1994

Landlord and tenant - claim for rent and damages under lease terminated by mutual agreement

Elisara v Elisara & Kerisoma

Div. 21/93

22 November 1994

Petition for divorce on ground of adultery - division of matrimonial property - custody of children - maintenance

Samuel & Paul v Tuanai & Others

C.P. 55/93

6 December 1994

Trusts - trust established for the advancement of grandchildren - occupation by family members of certain trust land the subject of dispute

Malo & Others v Faapo

23 December 1994

Election petition - bribery and treating

Court of Appeal of Western Samoa Decisions (1995-1996)

Case name




Judgment Date

The Chief Electoral Officer v The Samoa All People's Party Incorporation

C.A. 7/96

September 1996

Electoral petition - corrupt practices - application for order to have election result declared void and for candidate polling second highest no. of votes to be declared duly elected

Levy v Police

C.A. 5/96

29 August 1996

Rape - appeal against sentence

Le Godinet Beachfront Hotel v Commissioner of Inland Revenue

C.A. 4/96

26 August 1996

Appeal against judgment in a civil claim for unpaid taxes under Goods and Services Tax Act 1986

Professor Aiono Dr Fanaafile Tagaloa v Mataafa & Palepoi & The Council of the National University of Samoa

C.A. 3/96

28 August 1996

Wrongful termination of employment - appeal against dismissal of application for interim injunction

Ah Chong v The Legislative Assembly of Western Samoa, A-G and Others

C.A. 2/96

27 August 1996

Action brought by Chief Auditor challenging Commission of Inquiry's report regarding irregularities and financial shortcomings tabled in Parliament by Chief Auditor's own Report - challenge on procedural grounds - Legislative Assembly's failure to report Chief Auditor's Report to Public Accounts Committee - unconstitutional conduct - terms of reference of Commission said to be ultra vires - conduct of Commission said to constitute a breach of natural justice

Fiso v Reid, for himself and as Attorney of the Trustees of the Estates of Ernest J. Reid, Richard F. Reid, Cecil W. Reid and Blanche H Reid

C.A. 8/95

29 August 1996

Appeal against orders that defendant and family to vacate disputed land

Lamosi v Nelson Mackenzie Ltd

C.A. 5/95

30 August 1996

Civil procedure - right to appeal - leave - security for costs

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