Kinza Clodumar v Nauru Lands Committee & Ors [2012] HCA 22

The High Court of Australia has published its decision in the case of Kinza Clodumar v Nauru Lands Committee & Ors [2012] HCA 22, decided on the 20 April 2012. A majority of the High Court found that, on appeal from the Supreme Court of Nauru, the High Court may receive evidence that was not before the Supreme Court, if the evidence was not discoverable by reasonable diligence.

The case concerned a claim by Mr Clodumar that certain interests in Nauruan land had been transferred to him by the previous owner, now deceased. However, the asserted transfer was originally found to be void because there was no evidence of consent to the transfer on the part of the President of Nauru. Mr Clodumar was later able to find this evidence. The Land Committee of Nauru contended that as this evidence was not available before the Supreme Court, the High Court could not now take it into evidence.

The High Court decided that because of s76(ii) of the Constitution, affording it original jurisdiction, the High Court was able to receive fresh evidence. It further held that the evidence was unobtainable before the original hearing no matter how much diligence was applied for its location. The Court therefore allowed the appeal and remitted the matter to the Supreme Court for retrial.

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