In re Francis [2000] CKLC 1 (25 February 2000)

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

IN THE MATTER of Application No. 2/98 by LYNNSAY
FRANCIS in respect of lands known as Kaorei Section 14H Natapita

JUDGMENT OF QUILLIAM C.J.

This is an application under s.390A of the Cook Islands Act 1915 to correct an error in the decision of Dillon J made on 7 April 1997 revoking orders made on 7 August 1978 and June 1995.

The application was referred to McHugh J for investigation and report, but before he could complete that he died. The investigation was then carried out by Smith J who has prepared a thorough and detailed report on the present application- and other associated matters.

I record my appreciation of the careful and detailed investigation carried out by Smith J and accept his recommendation, namely that the orders made by Dillon J referred to above should stand, there having been no error established.

There will be an order accordingly.

QUILLIAM C.J.