Goiset v Arnaud [2011] VUCA 17; Civil Appeal 12 of 2011 (11 July 2011)

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

CIVIL APPEAL CASE No.12 OF 2011

BETWEEN:

THI THAM GOISET
Appellant

AND:

DELAUNEY ARNAUD
Respondent

Coram: Hon. Chief Justice V. Lunabek
Hon. Justice J. von Doussa
Hon. Justice O. Saksak
Hon. Justice D. Fatiaki
Hon. Justice R. Spear
Hon. Justice P. Heath

Counsel: Mr Less Napuati for the Appellant
Mrs M.N.F. Patterson for the Respondent

Date of hearing: 11th July 2011
Date of judgment: 11th July 2011

JUDGMENT

1. This matter was listed for hearing in the second Session of the Court of Appeal in 2011. When the matter was mentioned on 11 July 2011 the Court had not received any appeal papers. However, counsel for the parties appeared and informed the Court that the appeal was to be discontinued. The respondent indicated that the question of costs of the appeal was still outstanding. The respondent was seeking to recover the sum of VT60,000 on that account.
   
2. No notice of discontinuance had been filed at that time. For that reason, after hearing the parties as to the reasons for the proposed discontinuance, this Court decided that the appeal should be formally dismissed and an order for costs made against the appellant.
   
3. The formal Orders of the Court are as follow:
   

1. The appeal is dismissed.

2. The appellant to pay the respondent's costs of the appeal fixed at VT50,000.

DATED at Port-Vila, this 11th day of July 2011

BY THE COURT

Hon. V. LUNABEK CJ

Hon. J. von Doussa J

Hon. O. A. Saksak J

Hon. D. Fatiaki J

Hon. R. Spear J

Hon. P. Heath J