Mita Michael Ririnui v Landcorp Farming Ltd

• Jurisdiction: New Zealand
• Judge: Arnold,O'Regan JJ
• Judgment Date: 14 May 2015
• Neutral Citation: [2015] NZSC 65
• Docket Number: SC 47/2015
• Court: Supreme Court
• Date: 14 May 2015

Between

Mita Michael Ririnui

Applicant

and

Landcorp Farming Limited

First Respondent

Attorney-General

Second Respondent

[2015] NZSC 65

Court:

Arnold and O'Regan JJ

SC 47/2015

IN THE SUPREME COURT OF NEW ZEALAND

Application for leave to appeal and for an interim order restraining the respondent from proceeding with the sale of a farm — sale was to be settled within days — whether an interim order should be made restraining the sale proceeding pending determination of leave to appeal application.

Counsel:

A N Isac for Applicant

S A Barker for First Respondent

D J Goddard QC and J R Gough for Second Respondent

An order is made that the first respondent, Landcorp Farming Ltd, not proceed with the sale of the Whārere Farm until further order of the Court.

JUDGMENT OF THE COURT

REASONS

1 The first respondent, Landcorp Farming Ltd, has entered into an agreement to sell the Whārere Farm in the Bay of Plenty to a third party. The agreement is to be settled on or before 30 May 2015. The applicant, Mr Ririnui, challenged the sale agreement. Having been unsuccessful in the Court of Appeal, 1 he seeks leave to appeal to this Court.

2 In conjunction with his application for leave to appeal, Mr Ririnui has filed an application for an interim order that Landcorp not proceed with the sale of the Whārere Farm until this Court has determined his application for leave to appeal.

3 Landcorp opposes both applications. The Attorney General takes no position on the application for an interim order but opposes the application for leave to appeal.

4 Given that settlement is possible under the agreement on or before 30 May 2015, we indicated to counsel that we were considering making an interim order and fixing an expedited timetable for dealing with the leave application, so that it would be resolved before 30 May 2015. The timetable we proposed is:

• (a) The applicant to file and serve his submissions in support of his applications for leave to appeal and for an interim order if leave is granted by 5 pm on Tuesday 19 May 2015.

• (b) The respondents to file and serve their submissions in respect of both applications by 5 pm on Friday 22 May 2015.

• (c) If necessary in respect of either application, an oral hearing on Tuesday 26 May 2015.

5 Counsel indicated that they were able to accommodate this timetable, although Mr Goddard will be unable to attend an oral hearing on 26 May 2015.

6 Given that counsel...