Roberts v Arsen [2009] VUCA 3; Civil Appeal Case 04 of 2009 (30 April 2009)

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU
(Appellate Jurisdiction)

CIVIL APPEAL CASE No. 04 OF 2009

BETWEEN:

JOSEPH ROBERTS
Appellant

AND:

KILLION ARSEN
First Respondent

AND:

JOHNSON KALSARUR
Second Respondent

AND:

HENRY ARSEN
Third Respondent

AND:

MICHEL SELERIK
Fourth Respondent

AND:

ERNEST JOSEPH
Fifth Respondent

AND:

VIKTA NAUT
Sixth Respondent

AND:

TAMPUA KALSARUR
Seventh Respondent

AND:

AUGUST JOSEPH
Eighth Respondent

Coram: Chief Justice Vincent Lunabek
Justice John von Doussa
Justice Oliver Saksak
Justice Ronald Young

Counsel: Mr. Yawha for the Appellant
Mr. Henry Arsen represented all Respondents

Date of hearing: 22nd April, 2009
Date of Judgment: 30th April, 2009

MEMORANDUM

1. At the call over by this Court for the April 2009 sittings the Court encouraged the parties to explore ways for resolving the issues between them. When the appeal came on to the hearing on 22nd April, 2009 the parties informed the Court that they had reached agreement to resolve both the appeal to this Court and the Enforcement Proceedings in the Supreme Court. The parties handed up Consent Orders signed by the appellant and each of the respondents which recorded "Appeal consented to" and that "The matter be referred back to the Supreme Court for progress of Enforcement Proceedings".
   
2. The Consent Orders are approved by this Court. For further clarification the Court records that the Consent Orders have the following effect:
   
   1. The appeal is allowed;
      
   2. The order dated 30th January, 2009 striking out the Enforcement Proceedings is set aside;
      
   3. The default judgement entered against the respondents on 26th March, 2008 is unaffected by the order of 30th January 2009, by this appeal or by the outcome of the appeal. The default judgment remains in full force and effect.
      
   4. The matter is referred back to the Supreme Court for the further prosecution of the Enforcement Proceedings.
      
   5. The parties to the appeal will each pay their own costs of the appeal.
      

DATED at Port-Vila this 30th day of April 2009

BY THE COURT

Vincent LUNABEK CJ
Oliver SAKSAK J
John von DOUSSA J
Ronald YOUNG J