Nelson v Braisby (No 3)

JurisdictionNew Zealand
CourtSupreme Court
Judgment Date29 Jun 1934
Docket NumberCase No. 18
New Zealand, Supreme Court.

(Myers, C.J.; Reed and Blair, JJ.)

Case No. 18
Nelson
and
Braisby (No. 3).

British Dominions as Mandatories — Appeals from High Court of Western Samoa.

Mandates — Position of Mandatory — British Dominions as Mandatories — Appeals from High Court of Western Samoa — Motion for Leave to Appeal to Privy Council.

This was a motion for leave to appeal to the Judicial Committee of the Privy Council from the decision of the Court in Nelson v. Braisby (No. 2) (Case No. 15, above) on appeal from High Court of Western Samoa. Since the Samoa Act, 1921, s. 96, provided that the decision of the Supreme Court of New Zealand should be final and conclusive, the Court held that it had no jurisdiction to grant leave to appeal further to the Judicial Committee. Whether the Privy Council itself had, in view of its peculiar position under the mandate, any power...

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