Final outcome remains uncertain as AC8/2026 appeal challenges CV40/2022 decision
Nuku’alofa, TONGA — The ongoing legal dispute involving Inter Pacific Ltd, Tonga Development Bank and the Government of Tonga remains subject to the final determination of the Court of Appeal, with the outcome of Appeal Case AC8/2026 still awaited.
The importance of awaiting the Court of Appeal’s judgment cannot be overstated. While Justice Tupou KC delivered judgment in CV40/2022 on 27 April 2026, ordering Inter Pacific Ltd to pay more than $2.4 million to Tonga Development Bank, that decision has been appealed by Inter Pacific.
The appeal means the legal dispute has not reached its final stage. Any discussion of Inter Pacific’s liability should therefore be presented with appropriate caution until the Court of Appeal has considered the appeal and delivered its judgment.
The dispute is linked to a 2020 road-works contract between the Ministry of Infrastructure and Inter Pacific Ltd, following the termination of that contract in 2022 by Hon. Hu’akavameiliku.
In CV66/2022, Justice Whitten KC ruled on Inter Pacific’s claim concerning work undertaken under the road-works contract, resulting in an obligation on the Government in relation to payment for qualifying work completed.
This creates an important wider financial context to the dispute.
On one side is the amount awarded in the Tonga Development Bank proceedings; on the other is the Government’s financial obligation arising from the separate proceedings involving Inter Pacific.
However, the two matters should not be treated as having been finally resolved as one dispute, and the pending appeal is particularly important in determining how the legal and financial positions should ultimately be understood.
The Court of Appeal’s decision in AC8/2026 could therefore be significant for the parties involved.
Until that judgment is delivered, it would be inappropriate to present the CV40/2022 decision as the final word on Inter Pacific’s legal position.
