Explore 3 related cases • Click to navigate
Cited for the purpose of the Restitution Act: to provide redress to those individuals and communities who were dispossessed of their land rights by the…
Distinguished as it dealt with mora interest in a commercial contract, not equitable redress under the Restitution Act.
Cited for the stated purpose of the Restitution Act to provide restitution and equitable redress to victims of racial dispossession of land rights after 1913,…
Applied for the principle that this court will only interfere with the Land Claims Court's discretion if it is shown that it did not exercise its discretion…
Earlier LCC decision that applied the CPI for determining changes over time in the value of money.
Cited for the principle that it would not be desirable for an appellate court to be a court of first and last instance on a matter best left to the Department…
Distinguished as it involved mora interest in a commercial sale of property, which is different from compensation in restitution matters.
Cited as an example where this court applied the CPI to update an earlier award for wrongful arrest.
The appellants successfully challenged the Commissioner's rejection of their claims in review proceedings. The Land Claims Court set aside the Commissioner's…
Cited for the principle that justice and equity must be evaluated from the perspective of the State and the broad interests of society generally.
Cited as an example where this court applied the CPI to adjust amounts so as to deprive respondents of the full extent of the benefit they had received from…
Cited for the principle that fairness requires a consideration of the interests of all those who might be affected by an order.