 The matter was heard at leave stage by Justice Andrew Bruce, a Hong Kong Queen's Counsel, who found that Justice Shameem had acted in accordance with a Memorandum of Understanding signed by all the High Court judges in August 2005, including the then Chief Justice Daniel Fatiaki.That Memorandum had said that in a crisis, when the Chief Justice is unable to perform any of the functions of his office, the most senior judge of the High Court will perform those functions to ensure the survival of the judiciary.At the leave hearing, the Law Society conceded that Justice Shameem had acted in good faith and in the interests of the judiciary, but challenged the constitutionality of the chairing of the Commission in the absence of the Chief Justice.