Miller v Gorce [2003] TOCA 9; CA 17 2003 (1 December 2003)

IN THE COURT OF APPEAL OF TONGA
NUKU’ALOFA REGISTRY

APPEAL NO. 17/03

BETWEEN:

MANDY FRANCES MILLER
Appellant

AND:

VINCENT BERNARD GORCE
Respondent

Coram: Burchett J
Beaumont J

Counsel: Mr Laki Niu for the Appellant.
Mr Fakahua for the Respondent.

Date of hearing: 29th November, 2003.
Date of judgment: 1st December, 2003.

JUDGMENT

We dismiss the appeal against the refusal, on 28 November 2003, of the stay application, on the ground that the appeal in the principal proceedings does not have any arguable prospect of success.

In our view, the interests of all involved are best served by a resumption of the part heard process in the Australian Family Court jurisdictions.

Burchett J
Beaumont J