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Appeal Court President caught out


  • Former Appeal Court President caught out

    Former President of the New Zealand Court of Appeal and Supreme Court Justice Sir Mark O'Regan was caught with his pants down yesterday, after an application to disqualify him from ruling on a matter involving a fraud on the Court of Appeal was filed in the Supreme Court.

    Earlier this week, Sir Mark dismissed an application seeking to overturn a bankruptcy resulting from fraudulent court orders. Sealed orders of the Court of Appeal were altered by Wellington lawyer Roger Chapman making it appear that costs awarded to an estate were in fact due to his client personally.

    The case has been described by several Wellington practitioners as a national disgrace and a blatant fraud. A fraud upon the court is committed by court officials or officers of the court such as lawyers and is directed at the “judicial machinery”. It involves wilful conduct which injects false information into the judicial process by undermining the integrity of a proceeding.

    Essentially, fraud upon the court requires a showing that a party has set in motion some unconscionable scheme calculated to interfere with the judicial system’s ability to impartially adjudicate a matter because of improper conduct and misrepresentation by an officer of the Court.

    The application filed today also alleged that Sir Mark had a serious undeclared conflict of interest by sitting on the fraud case after it was disclosed that the lawyers on record for the opposing party were Brandons Solicitors. Brandons followed Johnston Lawrence and Roger Chapman as solicitors for the respondents, but the registry confirmed there was nothing on the Court file indicating Justice O’Regan had declared a potential conflict of interest due to his personal connection to the law firm representing one of the parties.

    To support the application that Justice O’Regan recuse himself, the Court was notified that his brother John O’Regan is the principal at Brandons law firm, who along with Roger Chapman and Johnston Lawrence have allegedly managed to conceal this fraud for over a decade.

    The Court of Appeal confirmed that Sir Mark has already made a number of decisions in favour of the respondents without declaring his connection to Brandons, who have now been named as proposed parties to the proceedings as the result of filing several affidavits based on the disputed orders.
    Attached Files

    • courtwatcher
      courtwatcher commented
      Editing a comment
      What I find amazing about this story is that it represents only the tip of the iceberg with Mark O'Regan. This judge has been selling favours from the bench for years. O'Regan is not regarded as possessing a notable intellect. The conventional wisdom is O'Regan's promotions to Court of Appeal President and now Supreme Court judge are largely the result of his suspect personal character and indulgences which ensure he can be counted on to not inject integrity to the New Zealand court system likely to make his judicial peers uncomfortable. It is an extremely perverse system which gets no mainstream press coverage due to the threat of legal persecution.

    • Q. C.
      Q. C. commented
      Editing a comment
      Originally posted by courtwatcher
      What I find amazing about this story is that it represents only the tip of the iceberg with Mark O'Regan. This judge has been selling favours from the bench for years...
      I agree: O'Regan (with Justices Harrison and White) in the COA in 2012 ruled that Heath J's formal legal statement of 2011 (made in Heath's Court of what he considered at a trial in 2006) was dealt with by the COA and Supreme Court in 2009.

      This 2012 miraculous ruling, that in 2009 these illustrious appeal courts could have ruled on something Heath J had yet to declare in his Court until 2011, is only possible by O'Regan and his cohorts recording in their 2012 judgment a different Point on Appeal (which was dealt with in 2009 and not challenged in any form whatsoever) and ruling on that never filed Point on Appeal.

      I understand this being done purely to cover-up criminal conduct by Crown Law Counsels.

      O'Regan's decision is appealed to the Supreme Court by Notice of Leave to Appeal filed in October 2012 - I understand the Supreme Court has, as yet, done nothing with that leave application even though it is 2 years 9 months old.
      Last edited by Q. C.; 28-07-2015, 10:37 AM.

    • John "Brockovich"
      John "Brockovich" commented
      Editing a comment
      Originally posted by Q. C.
      ...O'Regan's decision is appealed to the Supreme Court by Notice of Leave to Appeal filed in October 2012 - I understand the Supreme Court has, as yet, done nothing with that leave application even though it is 2 years 9 months old.
      Yes and I know why they are waiting: O'Regan J (who is now a Supreme Court Judge) has told his fellow Judges that if they rule that he, Harrison and White were corrupt on this matter he will expose their corruption as well. Saying we are all on the same side with the Commissioner, Law Society and A-G, just like the Wilson J situation with his $M payout. Lets bury it - but how!

      We of course wait.
    Posting comments is disabled.

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