Dabana v Bernicke [2010] NRSC 12; Land Appeal 9 of 2008 (22 May 2010)

IN THE SUPREME COURT OF NAURU

Land Appeal 9/2008

Between:

GARY DABANA
Appellant

And:

(1) RENATA BERNICKE & ORS
(2) NAURU LANDS COMMITTEE
Respondents

Mr. Rueben Kun for the Appellant
Mr. David Aingimea for the Nauru Lands Committee

Dated Thursday 22^nd of May 2010

DECISION

These Reasons should be read in conjunction with the Reasons in Land Appeal number 3/09 - Lydiana Adun & Ors V Nauru Lands Committee.

Appeal from a decision of the Nauru Lands Committee gazetted on the 3rd of December, 2008. The appeal (by way of Statement of Claim) is dated the 17^th of April, 2009. Much longer than the 21 days allowed by section 7(1) of the Nauru Lands Committee Ordinance.

Mr. Kun representing the Appellant has pleaded in paragraph 9 of the Statement of Claims:-

"The Nauru Lands Committee is a statutory body and its decision is capable of being reviewed by this Court by way of a Land Appeal or Judicial Review. The committee has duty to carry out its duties as prescribed by law.............."

Claiming judicial review may have been an attempt to get round the time limit in section 7(1) of the Ordinance. If so it fails. In recent years Courts in many jurisdictions have enlarged the remedy of Judicial Review but not so much as to ignore the plain provisions of a statute.

The present matter is an Appeal. It is out time and must be dismissed.

Mr. Kun who unfortunately is Off Island for medical treatment is the representative of the Appellant. The Court was not able to hear him. Out of deference to Mr. Kun liberty is given to the Appellant to apply within the next three months.

Otherwise the appeal stands dismissed.

Hon. Robin Millhouse QC
CHIEF JUSTICE