Webber-Aitu v Faireka [2011] CKHC 56; CA 05.2011 (22 July 2011)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CA 5/11

BETWEEN

HEATHER WEBBER-AITU
Appellant

AND

TUPOU ALFRED FAIREKA
Respondent

Hearing: 22 July 2011

Counsel: Mr Arnold for the Appellant
Ms Henry for Respondent

Judgment: 22 July 2011

JUDGMENT OF C NICHOLSON J

Mrs Webber-Aitu applies fave tove to appeal against the decision of His Honour Hugh Williams J delivered on 27 June 2010. In that judgment His Honour dir that Ms Web0;Webber-Aitu must fexha exhaust her remedies provided under the Public Se Act 2009, and in effect have the matter determined by the Public Service Board of Appeal beal before bringing this proceeding. He therefoayed the proceeding pendingnding such determination.

Today Mr Arnold said that, alththe dthe direction may on the face of it appear to be interlocutory in nature it was in reality final in effect, that it involved an important public issue relato the rights of public servants, that it was not the firstfirst time that the issue had surfaced, and that it would be appropriate that it be considered and ruled on by the Court of Appeal to avoid further argument on the issue.

Ms Henry for tspondent said thid that in light of the importance of the issue, how it impacted on the function and role of the Public Service l Board and the rights of public servants, the Respondent did not oppose the application foon for leave. She said that it was agreed that appropriate security for costs would be $1,500.

Because of the matters canvassed by counsel I accept that it is an appropriate case for leave to appeal to be granted and I grant leave accordingly.

By consent I fix security for costs at $1,500.

C Nicholson J

Editorial Note: Derived from the Court’s electronic records and believed to be correct and final.