Michael Whitten KC - cases appeared in and decided -

Tapueluelu v Speaker of the Legislative Assembly of Tonga [2023] TOSC 38 – application for leave to apply for judicial review of decision by the Legislative Assembly to grant its Members and staff a significant backdated salary increase; consideration of Tongan exception to common law privilege against the Courts inquiring into the internal proceedings of Parliament. [...] Ezinet Ltd v DS Venture Ltd [2021] TOSC 162 – admiralty; whether a claim was admissible on a limitation fund established pursuant to the Shipping (Limitation of Liability) Act 1980; novel claim for pure economic loss; review of the English exclusionary rule and the development of the common law in Australia, New Zealand and Canada. [...] Kaufusi v Tukui'aulahi [2021] TOCA 6 – appeal against decision of the Land Court; interpretation of rules of succession under the Land Act and the Constitution. [...] DS Venture Ltd v Tonga Cable - Ruling [2020] TOSC 119 – admiralty; ship’s anchor damaged Tonga’s internet and telecommunications subsea cable; application for limitation of liability decree; International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships of 1957 and Convention on Limitation of Liability for Maritime Claims 1976 and Protocol of 1996. [...] Lamelangi v Police [2020] TOSC 59 – validity of "National COVID-19 Restrictions Notices” issued by the Prime Minister under a Declaration of a State of Emergency pursuant to the Emergency Management Act in response to the coronavirus pandemic.