Supreme Court (Amendment) Act 2012
Act No. 14 of 2012
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SUPREME COURT (AMENDMENT)
ACT 2012
Supreme Court (Amendment) Act 2012 Arrangement of Sections
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Act No. 14 of 2012 Page 3
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SUPREME COURT (AMENDMENT) ACT 2012
Arrangement of Sections
Section
1 Short Title .............................................................................................................. 5
2 Section 5 amended – Powers ................................................................................. 5
Supreme Court (Amendment) Act 2012 Section 1
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Act No. 14 of 2012 Page 5
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SUPREME COURT (AMENDMENT) ACT 2012
Act No. 14 of 2012
AN ACT TO AMEND THE SUPREME COURT ACT TO CLARIFY
CERTAIN POWERS OF THE COURT
I assent,
TUPOU VI,
21
st
November 2012.
BE IT ENACTED by the King and Legislative Assembly of Tonga in the
Legislature of the Kingdom as follows:
1 Short Title
(1) This Act may be cited as the Supreme Court (Amendment) Act 2012.
(2) The Supreme Court Act (Cap. 10), as amended, is in this Act referred to as the
Principal Act.
2 Section 5 amended – Powers
(1) Section 5 of the Principal Act is amended by inserting the following
subsection –
“(1) The powers of the Supreme Court within the Kingdom shall include,
mutatis mutandis, all the powers for the time being vested in or capable
of being exercised by the High Court of Justice in England and
Wales.”.
Section 2 Supreme Court (Amendment) Act 2012
Page 6 Act No. 14 of 2012
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(2) Subsection (1) of this section is enacted for the avoidance of doubt and it is
hereby declared that such powers have always been vested in the Supreme
Court.
(3) Section 5 of the Principal Act is further amended as follows —
(a) by inserting the following subsection –
“(2) The powers of the Supreme Court referred to in this section
include, subject to any other applicable law to the contrary, all
powers that the court considers necessary or desirable to enable it
to give effect to and enforce the judgments and orders of the
Court and to ensure that all reasonably obtainable evidence is
available to the court; and, without derogating from the
generality of the foregoing, includes powers to —
(a) make charging orders against property, in accordance with
rules of the Supreme Court;
(b) make garnishee orders and orders for the attachment of
earnings, in accordance with rules of the Supreme Court;
(c) make orders to appoint receivers, in accordance with rules
of the Supreme Court;
(d) make orders that interest accrue on debts and other moneys
payable for such period and at such rates as the court
considers appropriate, in accordance with rules of the
Supreme Court;
(e) make orders requiring discovery of documents, in
accordance with rules of the Supreme Court.”;
(b) by renumbering the remainder of section 5 as subsection (3) thereof.
Passed by the Legislative Assembly this 10
th
day of October 2012.