Peseta files strike out motion

By Joyetter Feagaimaali’i-Luamanu 04 December 2018, 12:00AM

A strike out motion has been filed in the Supreme Court on a lawsuit by Member of Parliament La’aulialemalietoa Polataivao Schmidt against his former business colleague and H.R.P.P. politician, Peseta Vaifou Tevaga.

The matter was before Justice Mata Keli Tuatagaloa. The plaintiffs are represented by lawyer Semi Ming Leung Wai while lawyer, Ruby Drake, is standing in for Peseta. 

The latter has filed a strike out motion to dismiss the statement of claim in its entirety. 

During the hearing, Drake asked the Court to strike out the claim, noting that pleadings in the statement-of-claims—damaging the reputation of the L.P.A.—amounts to $7.58 million and the loss and damages, namely profits total $3.89 million.

Drake said that in their view, the lawsuit is a general statement not supported by facts of the commercial operation by the plaintiffs. 

“It is with respect, that we submit to the plaintiffs that through those pleadings they have a misconceived understanding of the damages that are undertaking, and they should provide some case law to show what kind of damages that can claimed with the undertaking as the damages,” the Court was told.

La’aulialemalietoa is suing Peseta for loss of profits and the alleged tarnishing of the reputation of nonu-producing company, Local Partners and Associates Limited (L.P.A.), in a legal battle dating back to 2015.

The Judge is yet to make a ruling on the strike out motion application.

By Joyetter Feagaimaali’i-Luamanu 04 December 2018, 12:00AM

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