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Redfern v Redfern [2008] KIHC 1; Civil Case 153 of 2007 (17 January 2008)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELDT AT BETIO
REPUBLIC OF KIRIBATI

High Court Civil Case 153 of 2007

Between:

Tiare Redfern
For Issues of Teitia Redfern
Applicants

And:

Teitia Redfern
1st Respondent

Taam Redfern
2nd Respondent

Tekaai Mikaere
3rd Respondent

Attorney General IRO South
Tarawa Lands Court
4th Respondent

For the Applicants: Ms Jane Fiske
For the 1st & 2nd Respondents: Ms Botika Maitinnara
For the 3rd Respondent: Mr Banuera Berina

Date of Hearing: 17 January 2008

JUDGMENT
(Ex Tempore)

Application for certiorari to quash the decision of the Single Magistrate in CN 51/06. The case concerned various lands owned by Capt Teitia Redfern and his wife N. Taam. The lands were to be sold to a trustee of an overseas creditor in part settlement of large debts incurred by Fern Trading Co. Ltd. There was no objection by anyone before the Court to the sale.

Unfortunately the applicant, a son of Capt Teitia and N. Taam was not notified of the proceedings and consequently was not present. The first he knew of it was a letter from a lawyer asking him to vacate land Aontoa 712m on which he had been for some years operating a store and on which he and his family had been living in a house which he had built at a cost of $180,000. Mr Berina for Tekaai Mikaere the purchaser as trustee has conceded that the applicant was a person interested in the sale and should have been given an opportunity to be heard before the sale was confirmed. That he was not is a sufficient ground to quash the decision.

The problem is that some of the other pieces of land the subject of CN 51/06 have already bee sold to third parties. As well it may be that other issue of Capt Teitia and N. Taam who were not notified of CN 51/06 may wish to be heard in relation to these other lands.

The Court is anxious to do justice to all those who may be concerned. In the special circumstances of this case I shall, with the consent of the respondents, grant the application but quash only that part of the decision in CN 51/06 as refers to the land Aontoa 712m. That will allow Tekaai Mikaere to bring a fresh case in relation to Aontoa 712m of which the applicant Tiare Redfern must be notified and be given an opportunity to be heard. The Single Magistrate will then be able to consider Tiare’s interest and several other matters which have been canvassed this morning. Other issue of Capt Teitia and N. Taam may wish to take proceedings in relation to other pieces of land previously owned by their parents. That will be a matter for them.

I grant this application in this form only in the special circumstances of this case and because all parties have consented to this form of order.

Application for an order of certiorari granted: decision in CN 51/06 quashed but only in relation to the land Aontoa 712m.

THE HON ROBIN MILLHOUSE QC
Chief Justice