A Tongan congregation who lost their place of worship in a battle with the Methodist Church over the appointment of gay ministers, now face paying a large amount towards their opponents' legal fees.
In the High Court at Auckland yesterday, Justice Peter Salmon granted special leave to Viliami Palu and hissupporters in the Otahuhu Tongan Methodist congregation to appeal against the judgment of Justice Mark O'Regan that the church in Fairburn Rd belongs to the Methodist Church.
Lawyer Colin Pidgeon, QC, has been engaged to give an opinion on the prospects for an appeal.
The congregation, which raised money to build the church, split following a decision by the Methodist movement to appoint gay ministers, though neither faction approved.
The Palu faction seceded, saying that appointing homosexuals was against the teachings of founder John Wesley.
But they lost the court battle for ownership of the church building.
Nelson Tupou, one of the lawyers acting for the displaced congregation, said they were now borrowing the Free Wesleyan Church of Tonga in Otahuhu for a few hours on Sundays to worship.
The Methodist Church, he said, was seeking "phenomenal" costs from his clients.
David Smith, of Cairns Slane, leading counsel for the Methodists during the long trial and pre-trial hearings, confirmed that they were seeking an order on costs.
"There needs to be a recognition of what are the ramifications of taking actions for which it is found that there is no foundation."
