Clodumar v Nauru Lands Committee [2012] HCA 22

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON AND BELL JJ

KINZA CLODUMAR APPELLANT

AND

NAURU LANDS COMMITTEE & ORS RESPONDENTS

Clodumar v Nauru Lands Committee

[2012] HCA 22

Date of Order: 20 April 2012

Date of Publication of Reasons: 20 June 2012

M37/2011

ORDER

1. Extension of time allowed to enable this Court to hear and determine this appeal.

2. Appeal allowed.

3. Civil Action No 16/2000 is remitted to the Supreme Court of Nauru for retrial.

4. The costs of the proceedings so far in the Supreme Court in Civil Action No 16/2000 to be in the discretion of that Court.

5. The first respondent is to pay the appellant's costs of this appeal.

On appeal from the Supreme Court of Nauru

Representation

D J Williams SC with L D D Keke for the appellant (instructed by Leo D. Keke, Solicitor and Notary Public)

R M Niall SC with K L Walker for the first respondent (instructed by Department of Justice and Border Control)

No appearance for second respondents

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Clodumar v Nauru Lands Committee

High Court of Australia − Original jurisdiction − Matter arising under laws made by Parliament − Appeal from Supreme Court of Nauru pursuant to s 5 of Nauru (High Court Appeals) Act 1976 (Cth) − Supreme Court of Nauru held that transfer of land to appellant was invalid because President of Nauru had not approved transfer − After conclusion of proceeding in Supreme Court of Nauru appellant discovered document bearing President's signature and approving transfer to appellant − Whether fresh evidence can be received on appeal to High Court from Supreme Court of Nauru − Whether appellant could have discovered document by exercise of reasonable diligence at time of proceeding in Supreme Court of Nauru.