High 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 fresh evidence can be received on appeal to High Court from Supreme Court of Nauru - Whether appellant could have discovered document by exercise of reasonable diligence at time of proceeding in Supreme Court of Nauru.
Words and phrases – "appeal", "fresh evidence", "original jurisdiction".
Constitution – s 76(ii).
Nauru (High Court Appeals) Act 1976 (Cth) – s 5.
Judgment date
Case number
M37/2011
Before
French CJ, Gummow, Hayne, Heydon, Bell JJ
Catchwords