22 Dec 2009
ATTORNEY-GENERAL V TE KENEHI MAIR AND ORS CA CA644/2009
- Citation
- openlaw-8b1762ef_980d_4cf5_afca_0fcd13225ceb.pdf
- Court
- Court of Appeal
The Court of Appeal allowed the Crown's appeal, holding the High Court erred in finding Judge Milroy acted unlawfully; Judge Milroy lawfully applied the Tribunal's urgency criteria and appropriately weighed tangible and intangible prejudice and the mandate evidence; s5(2) does not impose a mandatory Treaty-principles overlay on interlocutory case management decisions; the High Court orders were quashed and the matter remitted to the Tribunal to reconsider in accordance with law.