Supreme Court (Amendment) Act 2012

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Supreme Court (Amendment) Act 2012


Act No. 14 of 2012





C
T

SUPREME COURT (AMENDMENT)

ACT 2012

Supreme Court (Amendment) Act 2012 Arrangement of Sections





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Act No. 14 of 2012 Page 3




C
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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




C
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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





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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.