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Miller v Gorce [2004] TongaLawRp 26; [2004] Tonga LR 217 (26 July 2004)

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.