Clodumar v Nauru Lands Committee

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HAYNE, HEYDON AND BELL JJKINZA CLODUMAR  APPELLANTANDNAURU LANDS COMMITTEE & ORS  RESPONDENTSClodumar v Nauru Lands Committee[2012] HCA 22Date of Order:  20 April 2012Date of Publication of Reasons:  20 June 2012M37/2011ORDER1.Extension of time allowed to enable this Court to hear and determine this appeal.2.Appeal allowed.3.Civil Action No 16/2000 is remitted to the Supreme Court of Nauru for retrial.4.The costs of the proceedings so far in the Supreme Court in Civil Action No 16/2000 to be in the discretion of that Court.5.The first respondent is to pay the appellant's costs of this appeal.On appeal from the Supreme Court of NauruRepresentationD J Williams SC with L D D Keke for the appellant (instructed by Leo D. Keke, Solicitor and Notary Public)R M Niall SC with K L Walker for the first respondent (instructed by Department of Justice and Border Control) No appearance for second respondentsNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSClodumar v Nauru Lands CommitteeHigh Court of Australia − Original jurisdiction − Matter arising under laws made by Parliament − Appeal from Supreme Court of Nauru pursuant to s 5 of Nauru (High Court Appeals) Act 1976 (Cth) − Supreme Court of Nauru held that transfer of land to appellant was invalid because President of Nauru had not approved transfer − After conclusion of proceeding in Supreme Court of Nauru appellant discovered document bearing President's signature and approving transfer to appellant − Whether...