20 Dec 2013
ELLIS v THE LEGAL COMPLAINTS REVIEW OFFICER [2013] NZHC 3514
- Citation
- [2013] NZHC 3514
- Court
- High Court
The LCRO erred in law by failing to consider whether the purported client provided valid retrospective instructions that could cure the lack of prior authority to file the habeas corpus application; the subsequent communications from J constituted retrospective ratification in the exceptional habeas corpus context and, having regard to that ratification and the policy of the Habeas Corpus Act, the LCRO's finding of unsatisfactory conduct was set aside without remitting for rehearing.