Terry v McLellan

In the case of Terry v McLellan, the primary issue before the court was whether the District Court should set aside sealed orders previously made by Judge Moran in relation to a dispute over ownership and possession of land at Soldiers Big River Road. The legal issues revolved around the validity and finality of Judge Moran's orders, and whether Mr Terry's applications to review and appeal these orders were permissible. The court had to determine whether the sealed orders were final and conclusive, and whether further appeals or applications to set them aside were permissible.

The court considered the extensive history of the case, which included previous judgments by Judge Moran and Joe Williams J, and subsequent appeals to the High Court and the Court of Appeal in New Zealand. Whata J noted that the orders made by Judge Moran were final and conclusive, and that further appeals or applications to set them aside were not permissible. The court held that Mr Terry's applications to set aside the sealed orders were in reality a backdoor attempt to achieve what could not be achieved through the front door, and that such attempts could not be allowed. The court also noted that previous appeals and applications to set aside the orders had been dismissed on the basis that they had no merit, and that Judge Moran had taken the option most favourable to Mr Terry throughout.

The court ultimately dismissed Mr Terry's application to set aside the sealed orders, finding no basis for any criticism of Judge Moran's decision. The court held that the orders were final and conclusive, and that further appeals or applications to set them aside were not permissible. The court also noted that Mr Terry had had ample opportunity to appeal the orders, and that he had been given the option most favourable to him throughout.

No further orders were made by the court.