18 Aug 2008
FEARY AND ANOR V COMMISSIONER OF CROWN LANDS HC CHCH CIV-2008-409-000233
- Citation
- openlaw-34e5840c_5e94_43a0_8dd3_0cc26c45d94d.pdf
- Court
- High Court
The High Court held the District Court has jurisdiction to make referral orders in cases caught by s151 when read together with ss146-147; on the facts bill 6 attracted 'special circumstances' because a combination of factors (timely referral as to delivery, substantive concerns warranting independent scrutiny, and the Commissioner's lack of knowledge that the Fearys had paid the disputed portion which triggered s151) justified referral; the order relating to bill 7 was made in error and is quashed; the District Court's costs discretion was reviewed and modified by awarding $4,500 to each of…