Evans v European Bank Ltd [2009] VUCA 4; Civil Appeal Case 05 of 2009 (30 April 2009)

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

CIVIL APPEAL CASE No.05 OF 2009

BETWEEN:

ROBB EVANS of ROBB EVANS & ASSOCIATES
Appellant

AND:

EUROPEAN BANK LIMITED
First Respondent

AND:

THE ATTORNEY GENERAL of the Republic of Vanuatu
Second Respondent

AND:

PUBLIC PROSECUTOR
Third Respondent

Coram: Chief Justice Vincent Lunabek
Justice John von Doussa
Justice Nevin Dawson
Justice Ronald Young

Counsel: Mr Juris Ozols for the Appellant, Mr Palaud
Mr Garry Blake for the First Respondent
Ms Viran M. Trief for the Second and Third Respondents

MEMORANDUM

These proceedings in the Supreme Court concern over $7 million USD currently on deposit in European Bank Ltd to the credit of Benford Ltd.

The proceedings began in 1999. Significant delays have occurred while litigation has been pursued in Australia concerning the same money. Now the Australian proceedings are essentially complete all parties (the appellant and respondents) agree the litigation before the Vanuatu Courts should be expeditiously heard.

With the agreement of all counsel we adjourn this appeal until the July sitting of this Court. We do so without reaching any conclusion regarding this Court’s jurisdiction to consider this appeal.

We adjourn the appeal on the understanding that the parties will present, to the Judge assigned to this case in the Supreme Court, a timetable for the resolution of all the litigation relating to the funds held by European Bank.

We note the Supreme Court Order of 25 November 1999 provides that the first hearing should be the criminal prosecution of Benford Ltd and, if successful, any subsequent application for a confiscation order of the alleged proceeds of crime.

The timetable will need to identify when and in what circumstances the appellant’s proceedings are to be heard and a timetable for the pre-trial steps to be completed in that set of proceedings.

This appeal is therefore adjourned to the July sitting of this Court.

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

BY THE COURT

Vincent LUNABEK CJ
John von DOUSSA J
Ronald YOUNG J
Nevin Dawson J