Decision on applications postponed

A Supreme Court decision over the injunction orders sought by Associate Minister, Peseta Vaifou Tevaga, through his lawyer Leulua’iali’i Olinda Woodroffe, has been postponed to Monday next week.

Peseta is seeking 10 injunction orders against Apulu Lance Polu, Speaker of Parliament, La’auli Leuatea Schmidt and Martin Schwalger, in relation to a dispute surrounding the company Local Partners and Associates (L.P.A).

Justice Lesatele Rapi Vaai presided over the hearing yesterday.

Peseta and Local Partners and Associates were represented by Leulua’iali’i.

The respondents, Apulu Lance Polu, La’auli Leuatea Polata’ivao Schmidt and Martin Schwalger, were represented by Semi Leung Wai.

The Court heard that the dispute arose after the Associate Minister’s son, Lei’ataua Danny Schwenke, transferred his shares to his father, Peseta. Leulua’iali’i said when the shares were transferred to Peseta; he became the Director of the company.

But 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.

“How can you refuse someone who had put millions on the company?”

Leulua’iali’i asked.

In Leulua’iali’i’s injunction submissions, she sought an order from the Supreme Court to stop the defendants from barring and excluding Peseta from L.P.A properties.

She sought to restrain the respondents from barring or excluding Peseta from participating in any L.P.A activities, because, as the Director of the company, he needed to be included.

Leulua’iali’i also asked the Court for an injunction order to restrain La’auli, who is the second defendant, from participating in or taking control of the company, or being part of any L.P.A activities.

She believed La’auli was not a shareholder of the company or a Director of Local Partners and Associates.

But Mr. Leung Wai countered Leuluaiali’i.

He argued that Associate Minister Peseta was neither a shareholder nor a Director of the company.

Leulua’iali’i submitted to the Court that there should be an order granting leave under section 97 of the Company’s Act 2001 to the first applicant, plaintiff Peseta Vaifou Tevaga, to bring these proceedings in the name of and on behalf of the second applicant, plaintiff Local Partners and Associates.

In her submissions, she also asked for a Court order for the first and second defendants, Apulu Lance Polu and La’auli, to provide forthwith information that can assist the Court with its proceedings.

The second defendant, the Speaker of the House, was not present in Court yesterday.

“Money is not important to other people, but their positions are very important to them,” Mr. Leung Wai said, adding that his client respects his position as the Speaker of the House and the constituency.

However, Leulua’iali’i told the court that both La’auli and Peseta are Members of Parliament, and that despite the fact her client is an Associate Minister, he made the effort to appear in Court.

“What about my client, he also has to protect himself, his family and the constituency he represents and it’s no excuse, it’s irrelevant.”

Leulua’iali’i confirmed to the Court that police froze the account of the business (belonging to the Speaker of the House) Samoa Nonu Delights, which is a company used to trade for L.P.A, to sell nonu juice

"The Local Partners account had not been frozen." she said. Justice Lesatele asked Leulua’iali’i if the plaintiff can still work with the other shareholders.

If not, he will have to appoint someone else to run the company if he is to grant the orders, Justice Lesatele continued.

Leulua’iali’i confirmed it would be better to appoint someone else to run the company, but the position would have to be advertised locally and in New Zealand.

The matter is now adjourned, awaiting the Court’s decision and for the applicant to provide a recommendation for someone who can run the company.