Judgments of the Court of Appeal of New Zealand on Proceedings to Review Aspects of the Report of the Royal Commission of Inquiry into the Mount Erebus Aircraft Disaster - C.A. 95/81
New Zealand. Court of Appeal
English
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Below is a summary of Judgments of the Court of Appeal of New Zealand on Proceedings to Review Aspects of the Report of the Royal Commission of Inquiry into the Mount Erebus Aircraft Disaster - C.A. 95/81
JUDGMENTS
OF THE
COURT OF APPEAL OF NEW ZEALAND
ON
PROCEEDINGS TO REVIEW ASPECTS
OF THE
REPORT OF THE ROYAL COMMISSION OF INQUIRY
INTO THE
MOUNT EREBUS AIRCRAFT DISASTER
Table of Contents
JUDGMENT OF COOKE, RICHARDSON and SOMERS JJ.
JUDGMENT OF WOODHOUSE P. AND McMULLIN J.—DELIVERED BY WOODHOUSE P.
C.A. 95/81
In the Court of Appeal of New Zealand—Between Air New Zealand Limited,First Applicant, and Morrison Ritchie Davis, Second Applicant, and IanHarding Gemmell, Third Applicant, and Peter Thomas Mahon, FirstRespondent, and the Attorney-General, Fourth Respondent, and New ZealandAirline Pilots Association, Fifth Respondent, and the Attorney-General,Sixth Respondent.
Coram
Woodhouse P.
Cooke J.
Richardson J.
McMullin J.
Somers J.
Hearing
5, 6, 7, 8, 9 and 12 October 1981.
Counsel
L.W. Brown Q.C. and R.J. McGrane for first and second applicants.
D.A.R. Williams and L.L. Stevens for third applicant.
G.P. Barton and R.S. Chambers for first respondent.
C.J. McGuire for fourth respondent (Civil Aviation Division)—leave towithdraw.
A.F. MacAlister and P.J. Davison for fifth respondent.
W.D. Baragwanath and G.M. Harrison for sixth respondent.
Judgment
JUDGMENT OF COOKE, RICHARDSON and SOMERS JJ.
On 5 August 1981, for reasons then given, this Court ordered that theseproceedings be removed as a whole from the High Court to this Court forhearing and determination. They are proceedings, brought by way ofapplication for judicial review, in which certain parts of the report ofthe Royal Commission on the Mount Erebus aircraft disaster are attacked.In summary the applicants claim that these parts are contrary to law, inexcess of jurisdiction and in breach of natural justice.
One of the reasons for ordering the removal was that it was important
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