Teariki v Strickland [2006] CKHC 13; Application CA 07 of 2006 (8 December 2006)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(LAND DIVISION)

Application No. CA07/06

IN THE MATTER of Section 54 of the Judicature
Act 1980-81

AND

IN THE MATTER of the land AVARUA SEC 190A1
AVARUA SEC 190A2, TE
TAORA SEC 128D,
TUTAKIMOA SEC 14E,
TAPATEA SEC 107B1
TAPATEA SEC 107B2
TAPATEA SEC 223
PARAKO SEC 134, AVARUA

BETWEEN

TAUPINI JOHN TEARIKI,
OTENIERA JOHN TEARIKI,
TEREEMI JOHN TEARIKI
RIMATUTOKO TERAI JOHN
TEARIKI, JOHN JOHN TEARIKI,
VAIORA JOHN TEARIKI
Appellant

AND

HOWARD TAIRIATA
STRICKLAND as Tairi Te
Rangi Rangatira of Avarua
Respondent

Hearing: 8 December 2006
Appearances: Mrs Browne for Applicant
Mr George for Respondent

Date of order: 8 December 2006

ORDER OF NICHOLSON J GRANTING LEAVE TO
APPEAL AND APPEAL DIRECTIONS

[1] Leave to appeal is granted.

[2] The Appellant is to give $2,000 security for costs of the appeal by 3.00pm Tuesday 6 February 2007.

[3] A transcript of the hearing is to be made as soon as possible and Mrs Browne and Mr George are to be advised when this has been done.

[4] The Appellant is to prepare, file and serve the case on appeal within one month of the transcript being available.

[5] Counsel are to prepare and file a joint statement of the issues on appeal within two months of the transcript being available.

[6] Written submissions in support of the appeal are to be filed and served four weeks before the date fixed for hearing the appeal.

[7] Written submissions in opposition are to be filed and served two weeks before the date fixed for hearing the appeal.

[8] A copy of this order is to be posted to Mrs Browne and Mr George.

[9] Costs of today’s hearing are reserved.

CM Nicholson J