Sorry fellas I was mistaken, Chetwynd J was the presiding judge in that determination. Which I think is the 'first' case where Axiom lost that the learned catdog pointed out. However, I think that case just centered around whether Axiom owned the land whereas since the process wasn't followed, it remained customary which is why the appeal was granted so they could retest the case on both the land and mining issue.
Goldsbrough J who I was referring to is the Chief Justice of the Appeals Court I believe. Hopefully we don't have to deal with him haha.
"It is abundantly clear there was no lease to the Commissioner; instead there was a lease by the Seventh Defendants to Axiom. The lack of that mandatory step in the process; the absence of a lease being taken by the Commissioner, renders the whole registration process void. The registration never happened and the land remains customary land. In the court of first instance giving rise to the Hiva appeal that is what Goldsbrough J found. The Court of Appeal did not overturn His Lordship's decision. In fact they said;"
"In our view the learned Judge was correct in his decision. The appeal shall be dismissed with costs."
AVQ Price at posting:
1.5¢ Sentiment: Buy Disclosure: Held
