Court of Appeal hears Security costs of former Samoa Sevens Coach lawsuit

By Rula Su’a – Vaai

APIA, SAMOA – WEDNESDAY 17 OCTOBER 2018: The Court of Appeal today heard the appeal on security costs for the lawsuit brought by the by former Manu Samoa Sevens Coach, Damian McGrath against Samoa Rugby Union.

Counsel for Damian McGrath, Sarona Ponifasio, told the court that her client is willing to pay legal costs if he is unsuccessful in his legal claim.

Ponifasio told the court her client had attached copies of his credit cards under his wife’s name, as well as documents of his assets all tied up in London.

Ponifasio’s argument is based on a decision delivered by Justice Tuatagaloa that did not go into detail when assessing the merits of the appellant and respondent in legal costs.

Sarona Ponifasio previously told Talamua that S.R.U. had asked for $110,000 in security costs from her client.

She said the S.R.U. had previously asked for $90,000, but when she responded with their own amount, S.R.U. sent in the latest amount of $110,000.

Former Manu Samoa Sevens Coach, Damian McGrath

Damian McGrath is suing the Samoa Rugby Union for terminating his contract as coach of the Manu Samoa Sevens in 2016, when the team failed to qualify for the Rio Olympics.

McGrath is seeking more than $800,000 talā in damages to be paid by the Samoa Rugby Union for terminating his service.

The court of appeal consists of the Chief Justice, Patu Tiava’asu’e Falefatu Sapolu, Justice Robert Lloyd Fisher and Justice Rhys Harrison and have reserved their judgement.

Eleven cases are before the Court of Appeal for one week’s hearing. They include the appeal case between Trevor Stevenson and Apia Construction; a criminal appeal by Police against Paul Joseph Phillip; Iuni Sapolu against District Court Judge Talasa Lumepa Saaga Atoa; Loli Osa appealing a decision of Justice Tuatagaloa; Lousia Ah Kuoi and Magele Fiti against the Samoa Breweries.

Other cases include Police versus Pa’u Tafaogalupe Mulitalo; Police against MaKay Eneliko Visesio, Muliau Stowers, Tupai Farani Stowers, Afa Mulitalo Poe against Julieann Stowers and Samoa Broadcasting Corporation; Tokuma Family against Samoa Land Corporation; Aleni Finau versus Police and Attorney General against Niko Sefo Ah Chong.