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Noel v Malere - Note [2002] VUCA 32; CA 13-02 (30 October 2002)
IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU
APPELLATE JURISDICTION
Civil Appeal Case No.13 of 2002
BETWEEN
SUSAN NOEL & AWARELE AMERENE
Appellants
AND
RAYMOND MALERE
First Respondent
AND
THE MINISTER OF LANDS
Second Respondent
AND
THE DIRECTOR OF LANDS
Third Respondent
Appellants: Mr. Toa
First Respondent: Mr. Stephens
Second and Third Respondent: Mr. Edwards and Ms Molisa
NOTE
This appeal has been allowed by consent. The original orders have been set aside and the claim and counterclaim returned to the Supreme
Court for rehearing before another judge. All costs have been reserved to that judge.
Whilst no formal judgment is required we consider a number of issues should be highlighted for consideration by the parties.
- It is imperative the original Land Records file is located immediately. All documents should be numbered sequentially as they currently
appear in that file. The file must be carefully preserved and all relevant documents be available for the rehearing. The sequence
of events may be of importance at the rehearing. The lease, all plans and applications and decisions concerning the land must be
available.
- All parties must consider as quickly as possible whether or not requests for subpoenas need to be made for the production of documents.
- The evidence before this Court appeared to shew that the first respondent sat and voted on the committee which made the recommendation
to the Minister concerning this Lease. No findings were made as to whether or not this was so and whether at the time the first respondent
was aware of any applications of the appellants concerning the land. The issue should be addressed in evidence and argument by the
parties at the rehearing.
- If it is found that a valid lease was issued to the first respondent the parties must consider whether or not that lease is in part
held on trust for the appellants. The resolution of that question, if it arises, should be addressed in evidence and argument by
the parties.
- The appellant must ensure that if any other person has a registered interest in the Lease that may be affected by the order sought
in the counterclaim, that person must be joined as a party.
- There must be no dealings with the land that could affect the interest claimed by the appellants before the trial, except with the
consent of the appellants or prior approval of the Supreme Court.
- This whole matter screams out for settlement and all parties should assess carefully their positions in deciding if the issues can
be resolved without further litigation.
Dated at Port Vila this 30th day of October 2002
Bruce ROBERTSON J.
John von DOUSSA J.
Daniel FATIAKI J.
Roger J. COVENTRY J.
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URL: http://www.paclii.org/vu/cases/VUCA/2002/32.html