Samatua v Tanner [2014] CKLC 4; Application 3.2013 (30 May 2014)

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

Application No. 3/2013

IN THE MATTER of Section 390A of the Cook Islands Act 1915

AND

IN THE MATTER of ARERENGA Section 12, Arorangi ("the Land")

AND

IN THE MATTER of an application to rehear the Order Granting Right of Succession to POUARII made on 15 June 1939

BETWEEN

NGAPARE CECIL SAMATUA of Rarotonga, Retired
Applicant

AND

POUARII & MARIA TANNER of Rarotonga, Landowners
Respondents

Counsel: Mr Brown for the applicant
Mr Moore for the respondents
Mrs Browne for the objectors (Warren and Mustonen)

Judgment: 30 May 2014 (NZT)

JUDGMENT OF THE COURT

[1] The applicant applied to the Court on 26 April 2013 seeking to set aside a succession order made on 17 November 1939.

[2] Ultimately, I referred the matter to a Judge of the Land Division for report and the matter came on for hearing before Isaac J on 12014. The Judge subsesubsequently proved a written Report recommending that the application should be dismissed. He noted that counsel for the applicant agreed that the application should be dsed. That left the questionstion of costs outstanding.

[3] I invited submissions as to costs on the assumption that I would adopt the recommendation. Responsibly, counsel and agents for the parties reached agreement on costs and on 27 May 2014 submitted a joint memorandum by consent that costs should be ordered:

• [a] in favour of Mrs Browne's clients e sum of $ of $2,390;
  
• [b] in favour of Mr Moore's cl in the sum of $7of $715.80.
  

[4] I now fly dismiss the application tion brought by the applicant and order payment of costs by the applicant to the objectors (Mrs Brownlient the sum of $2,39$2,39$2,390 and $715.80 to the respondents (Mr Moore's clients).

Tom Weston
Chief Justice