Court Dismisses Bid to Strike Out Anti-Corruption Claim Against Central Bank
Nukuʻalofa, 30 June 2025
The Supreme Court of Tonga has rejected an attempt by the National Reserve Bank of Tonga and its board of directors to strike out key parts of a judicial review claim brought by the Anti-Corruption Commissioner.
In a ruling handed down on Monday, Lord Chief Justice Malcolm Bishop KC found that the application to remove sections of the Commissioner’s case had no merit, and that the allegations—centred on misfeasance in public office—should proceed to a full hearing.
The claim involves serious accusations against the Reserve Bank and several members of its board.The Commissioner alleges that they acted unlawfully or with reckless disregard for their official duties.
The Bank argued that parts of the statement of claim were scandalous, vague, or constituted an abuse of the court’s process, particularly because they involved documents obtained through compulsory powers under the Anti-Corruption Commissioner Act.
But the Chief Justice disagreed, noting that the Commissioner is legally empowered to obtain and use such documents in legal proceedings if it serves the public interest. “The Commissioner has been given powers of investigation and enforcement, including the authority to bring proceedings and to call for documents,” he wrote. “That is an inherent and irreducible exercise of his statutory duties.”
The Court reaffirmed the principle that striking out a claim is a last resort and should only be granted when a case is clearly bound to fail. In this instance, the claim was found to have a clear legal basis. “The pleaded case must be taken as correct at this stage,” Lord Chief Justice Bishop stated. “I am satisfied that this case is not bound to fail.”
The judgment also emphasised that where pleadings lack detail, the appropriate remedy is to seek further particulars—not to prevent the case from being heard. The Bank’s argument that the Commissioner was acting improperly by serving both as investigator and plaintiff was also dismissed. The Court found this to be entirely within his statutory mandate.
In his concluding remarks, the Chief Justice noted that none of the grounds raised justified striking out any part of the statement of claim. “There is no evidence here of an improper motive, malice or abuse of power,” he stated. “Accordingly, this application is dismissed.”
The defendants were ordered to pay the Commissioner’s legal costs, with the amount to be determined if not agreed.
The ruling clears the way for the case to proceed and underscores the judiciary’s support for the Commissioner’s role in investigating allegations of serious and systemic corruption within public institutions.
Tu’ifua Vailena
