Hikaiti-Molloy v Hall - Succession to Timi Kaukau [2025] Chief Judge's MB 92 (2025 CJ 92) [pdf, 288 KB]
...that standard’s inherent flexibility that takes into account the nature and gravity of the matter at issue.7 This means that the applicant must establish on the balance of probabilities that there was a mistake or omission. [14] The Court of Appeal has confirmed that the power under s 44(1) falls into two parts:8 The first is an evaluative decision as to whether the order made was “erroneous in fact or in law because of any mistake or omission on the part of the court or the...