Noel v Malere - Order [2002] VUCA 33; 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 & AWARELELE AMERENE

Appellants
AND

RAYMOND MALERE

First Respondent

THE MINISTER OF LANDS

Second Respondent
AND

THE DIRECTOR OF LANDS

Third Respondent

Appellants: Mr. Hillary Toa
First Respondent: Mr. Saling Stephens
Second and Third Respondents: Mr. Edwards and Ms Molisa

ORDER MADE BY CONSENT of the PARTIES

1. This appeal is allowed. The Orders of the trial judge dated 19^th July 2002 are set aside.
   
2. The claim and counterclaim are returned to the Supreme Court for hearing before another judge.
   
3. All Orders as to costs are reserved to the discretion of the judge at the rehearing.
   

Dated 30th October 2002.

J. Bruce ROBERTSON J
John von DOUSSA J.
Daniel FATIAKI J.
Roger J. COVENTY J.