IN THE COURT OF APPEAL OF TONGA

Miller

v

Gorce

Court of Appeal, Nuku'alofa
Burchett, Tompkins, and Salmon JJ
AC 17/03

26 July 2004

Practice and procedure – appellant withdrew appeal – appeal dismissed

For Supreme Court decision see report at Gorce v Miller [2003] Tonga LR 316.

Held:

1. Leave granted for appellant to withdraw appeal. Appeal dismissed and appellant ordered to pay costs.

Counsel for appellant: Mr Niu
Counsel for respondent: Mr Tupou

Memorandum of Orders Made

[1] Leave granted to the Appellant by consent to withdraw the appeal. 

[2] Appeal dismissed. 

[3] Appellant to pay the Respondent's costs assessed at 300 pa'anga.