Court appoints interim manager
Supreme Court Justice Lesatele Rapi Vaai has delivered interim orders in relation to an injunction motion filed by Associate Minister Peseta Vaifou Tevaga, through his counsel Leulua’iali’i Olinda Woodrooffe.
Tagaloa Faafouina Su’a, of Su’a ma Pauga and Associates, was appointed by the court as the interim manager who will be responsible for the daily administration and financial affairs of Local Partners and Associates Ltd (L.P.A).
The interim orders come after a dispute between Peseta and Apulu Lance Polu, La’auli Leuatea Polata’ivao Schmidt and Martin Schwalger, relating to the company Local Partners and Associates Ltd.
The dispute arose after the Associate Minister’s son, Leiataua Danny Schwenke, transferred his shares in the company to his father, Peseta Vaifou Tevaga, making him the Director of the company.
Also a shareholder, he was allegedly blocked from viewing the company’s financial statements, participating in company activities such as meetings, and even entering the company’s properties.
He took legal action after those alleged incidents.
The decision was delivered on Monday afternoon, granting the first injunction motion to the plaintiff, confirming that he is the Director and a shareholder of Local Partners and Associates Ltd. The decision reads, “Leave is granted to the plaintiff to bring these proceedings in the name of and on behalf of the second plaintiff (L.P.A).”
The second order forbids the first, second and fourth defendants (Apulu Lance Polu, Martin Jonathan Schwalger, La'auli Leautea Polata’ivao Schmidt, Maota o Samoa Convention & Leisure Complex Limited) and their servants or agent from accepting, receiving, directing or controlling any payments by the customers of the second plaintiff (L.P.A). It also forbids them from directing, managing or controlling the bank accounts and financial affairs of L.P.A.
Another part of the order is to forbid the first, second and fourth defendant from directing, managing, controlling or influencing the daily running and activities of the second plaintiff (L.P.A) unless their advice or assistance is requested by the court-appointed interim manager.
Furthermore, the order blocks them from retaining, dealing with or controlling any assets of the second plaintiff (L.P.A) and from receiving any payments or benefits due for the hiring and use of the assets of the second plaintiff.
The first defendants (Apulu Lance Polu and Martin Jonathan Schwalger) were given 14 days to supply to the interim manager the financial statements of the L.P.A since its incorporation in 2013. They must also supply all other information the interim manager requests and return to the premises of L.P.A all property of the business in their possession or control, including keys.
Neither Peseta nor Apulu, La'auli or Martin Schwalger are allowed to enter the premises of L.P.A without prior permission, or if their assistance is sought by the interim manager.Concluding the interim orders, costs are reserved.