Former Governor of Vava’u, Lord Fulivai and his wife Helen, have been ordered by the New Zealand High Court to pay back New Zealand businessman Chris Barrett $253, 370.60. This is an amount that includes a payment made by Barrett to the noble for lease of land promised him.
It also includes personal loans and other payments made by Barrett to the couple.
Barrett had filed a suit against the noble couple because he had paid them after being promised to arrange for him a 99-year lease on land at Pangaimotu in Vava’u.
He gave them money, as well as provide personal loans for them but he did not receive any lease, and therefore the couple were in breach of the agreement made.
Documents presented in court reveal Lord Fulivai used in his dealings with Barrett, the King’s name and that of the Prime Minister as well as Minister of Health at the time, Dr. Saia Piukala, who was also the People’s representative from Pangaimotu (Vava’u 14).
The defendant wrote Barrett: “The PM is aware of an existing location for the 2700m runway international airport as I am the key person for this initiative to take off. I have had a meeting with the PM earlier this year and mentioned that this gateway of opportunities to the region and Kingdom in general.”
“Mr Barrett I have given you my utmost word and handshake that you will indeed receive a 99-year lease for this property and His Majesty’s Cabinet Ministers will agree to this for they will all be informed of your future contributions to Pangaimotu community and to the Vava’u region and overall Kingdom.”
Reference to His Majesty, the Prime Minister and Cabinet, as well as to the Health Minister at the time has raised questions that may implicate the defendant further. But no further information has been forthcoming.
Lord Fulivai also wrote: “I was approached by Saia Piukala (Hon Minister of Health) in March 2012 that since this area was taken care of by his family many generations he was first priority to leasing this area, where Saia was to submit a lease application in 2016 giving both parties enough time to make money and move.”
It is also reported that on December 17 last year, Lord Fulivai wrote Barrett: “…since HM estate is involved, I can only prove the front beach property approved by Cabinet! I shall also call Mike to sell some of my HD shares to get u the exact amount for compensating the land in Vava’u, to protect my King, if it comes down to it Brother.”
Barrett replied: “Just work thru it with this guy Ralph. Why would you need to protect King, this lawyer dude knows everyone – guess thats why bank insisted I use him. I just spent last hour with bank manager sorting my debts, assets, and a massive deal I am trying to get over line etc. so I need good news. You told me you paid everyone, you and Helen had me sign some huge lease, so what can go wrong brother as long as you did as you said, you just need to provide receipts dates etc. that people were paid and that land is mine.”
The defendants have admitted in court they have no defense to the claim by the plaintiff for $170,000 and also admit they have been advanced various sums from the plaintiff. They also admit that at least $21,500 was advanced by way of loan to them.
The application for leave by the plaintiff, supported by a substantive affidavit by Barrett. The application for leave and for judgment was called before the court on 28 September 2021.
The defendants according to Court judgment: “Do not have any arguable defense to the claim by the plaintiff of $170,000, as well as for $46,700 being the total of various sums for their personal benefit.”
The Court therefore ordered there will be judgment for the first plaintiff against the defendants jointly and severally in the sum of $170,000, together with interest thereon from 1 January 2018, in the sum of $17,408.04.
And in addition there will be judgment for the first plaintiff on the fourth cause of action in relation to loans in the sum of $46,700.00 together with interest thereon in the sum of $393.56.
The Court also ordered that the first plaintiff is entitled to costs for the entire proceeding. The first plaintiff is to have costs and disbursements in the sum of $18,869.00.
In total, the judgment including costs and disbursements is entered for the first plaintiff against the defendants jointly and severally for $253,370.60.
