Emile v Taulu [2017] CKLC 6; Application 7 of 2010 (1 August 2017)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(LAND DIVISION) APPLICATION NO. 7/2010

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

AND

IN THE MATTER of the land known as ARERENGA SECTION 13, ARORANGI

AND

IN THE MATTER of a Judgment of the Court of Appeal in CA 8/06 dated 1 December 2006

AND

IN THE MATTER of a Succession Order made on 29 December 1958

BETWEEN NGAMETUA EMILE of Arorangi

Applicant

AND TEINA TAULU

Respondent

Date: 1 August 2017

JUDGMENT OF HUGH WILLIAMS, CJ

[WILL0313.DSS]

[1] On 5 October 2010 an application under s 390A of the Cook Islands Act 1915 was lodged with the original parties shown as Ngametua Emile as Applicant and Metuangaru Vaiteru as Respondent.
[2] At much the same time Application 2/2010, also under s 390A, was lodged relating to the same land.
[3] Since that time, despite a series of minutes from the former Chief Justice almost no substantive progress has been made towards a hearing in relation to either application. Indeed, on 19 February 2013 the Respondent in Application 7/2010 applied to strike the proceedings out and subsequently there is an indication on the file that the original Respondent, Metuangaro Vaiteru, has died and that the abovenamed respondent, Teina Taulu, has been substituted.
[4] At all events, by minute issued on 22 September 2016 Weston CJ made an order terminating Application 2/2010 and issued directions requiring counsel for the Applicant to file an amended application and any supporting affidavits within 5 weeks from the date of the minute with counsel for the Respondent then having a further 5 weeks to reply in such manner as she considered appropriate.
[5] The former Chief Justice’s minute of 22 September 2016 reached the present Chief Justice on 18 July 2017 (New Zealand time) and it transpired, when the Registrar contacted counsel for the parties on 17 July 2017, that neither party had taken any further steps in relation to Application 7/2010 in response to the minute of 22 September 2016.
[6] There being no indication that either party intends to continue with Application 7/2010, the application is ruled to be abandoned and the proceeding is therefore at an end.

_____________________
Hugh Williams, CJ