The owners of a rental company that was ordered to surrender its fleet and cease any earnings from the car business have allegedly disobeyed court orders and are in contempt. 

This was disclosed by lawyer Matafeo George Latu representing a plaintiff in the proceeding when he appeared in the Supreme Court this week. 

Matafeo told the court that the defendants continued to earn income from the rental vehicles in dispute therefore in contempt of court. 

The plaintiffs are Mvoice Pty Ltd and Contextual Technology Pty Ltd and are applying for an urgent intervention from the court to hear the matter.  

The defendants alleged to be in contempt are Brittanie Patricia Roepke nee O’Grady (first defendant), Karl Roepke (second defendant) and Samoa Alofa Rentals (third defendant). 

Lawyer Tuatagaloa Shane Wulf acted for the defendants. 

According to Matafeo, there are about 40 vehicles involved and there was urgency in hearing the matter arguing the defendants continued to receive rental income from the fleet. 

Supreme Court Judge Justice Fepuleai Ameperosa Roma scheduled the matter before Chief Jutice Satiu Simativa Perese next week Friday. 

Last month the Chief Justice granted an interim injunction order to remove more than 60 vehicles in possession of the car rental company. 

According to the background, the plaintiffs said that under a business arrangement between the parties they purchased 62 vehicles in Australia, which were shipped to Samoa, for the defendants to use to operate a rental car business.  

The plaintiffs' funding of the 62 cars is not an issue (imported cars), nor is the fact that the defendants run a rental car business using imported cars. 

But, what is in issue is the failure of the defendants to account for the plaintiffs; first, the rental car income generated from the hire of the imported cars. 

Secondly, the sale proceeds from the disposal of two of the imported cars in the sum of SAT$120,000, or the proceeds of the unauthorised sale of two other imported cars in the sum of SAT$120,000.

In their claim the plaintiffs plead breach of contract; breach of trust; breach of fiduciary duty; and unjust enrichment.

The defendants in their defence and counterclaim denied the existence of an agreement with the plaintiffs.  

Instead, they said they agreed with Mr Craig Lawrence who is not a party to this proceeding.  

Under this agreement, no money was payable until the rental car company turned a profit, and therefore there was no basis they were required to account to the plaintiffs or Mr Lawrence yet.  

The court granted an order of mandatory injunction that the defendants deliver all the vehicles identified to the Federal Pacific Compound (formerly known as Fun Way Park) on Beach Road, Matautu-Tai. 

Copies of all vehicle keys are to be delivered to the plaintiffs’ solicitors, at the same time the vehicles are delivered.

Furthermore, an order was made to restrain the defendants or their agents or servants, from disposing or dealing with any of the cars currently in the defendants’ custody or possession or control to any third party, including but not limited to offer for sale, sale of the cars, renting the cars (other than honouring contractual obligations entered into before the service of this interim injunction); or offering the cars as security for any loans or cash advances.