Sir Timothy Cleary (1900-62)

[Excerpt from New Zealand Court of Appeal 1958-1996 by Peter Spiller, [ISBN 0-86472-430-6] reproduced with the kind permission of the author]

Life and Career

Timothy Patrick ("Tim") Cleary was born in Hawke's Bay in 1900, the only son of Patrick and Margaret Cleary. He spent his early life in Mangaweka, where his family were small-scale farmers, and he attended Mangaweka Primary School. He won a scholarship to St Patrick's College, Wellington, where he became captain of the first rugby team, dux, and head boy. Cleary won a national scholarship and enrolled as a student at Victoria University College. He graduated LLB in 1921 with an outstanding academic record and was described by Professor James Garrow as one of the two best students he had ever had.

In 1922 Cleary commenced practice in Wellington, and over the next 35 years he established an unrivalled reputation in his profession. He became pre-eminent as an appellate lawyer. He also became first choice as counsel in public inquiries of major importance, such as the Royal Commission on Ballantyne's Fire and the Waterfront Commission. In his early years in practice he lectured part time at Victoria University College. He became president of the Wellington District Law Society, and for 3 years he served in the highest office in his profession as president of the New Zealand Law Society. He was also chairman of the Medical Services Committee and a member of the Rules Committee, the Council of Legal Education, and the Disciplinary Committee. As his career progressed, even his few leisure activities were sacrificed to his passion for law.

The reputation which Cleary established during his years in practice was due to his personal and professional qualities. He was a man of devout Catholic faith, modesty, and humility who was always ready to help others in his profession who looked to him for guidance and counsel. In particular, Cleary showed a sustained interest in the advancement of younger members of the profession. As a barrister he was sought after for his industry, mastery of the facts of problems, and in-depth knowledge of the law. His arguments in court were presented with simple, lucid expression, acute logic, and a measured, precise delivery.

For all these reasons it was believed that Cleary had been first choice for almost every judicial appointment made in the 10 years before his appointment to the Court of Appeal. Cleary was even reluctant to accept the offer of appointment to the court, but the determination of Attorney-General Marshall to appoint him was such that marshall was prepared to recommend to Cabinet that Cleary should be made the first President of the court. Not surprisingly, Cleary's appointment, as the only judge appointed to the inaugural permanent Court of Appeal who came direct from the bar, was a popular one among his peers. Fittingly, his swearing in as a judge in December 1957 was attended by an unprecedented number of practitioners led by the Attorney-General.

Cleary J served as judge of the court for 4½ years, from February 1958. The year 1962 brought Cleary J declining health which ended with his sudden and untimely death in August 1962, when he suffered a heart attack as he was dressing for court.