Virelala v Kerr [2011] VUCA 18; Civil Appeal 13 of 2011 (11 July 2011)

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

CIVIL APPEAL CASE No.13 OF 2011

BETWEEN:

JEAN PAUL VIRELALA
Appellant

AND:

TERRY KERR
First Respondent

AND:

HON. WILLY JIMMY TAPANGARARUA
Second Respondent

AND:

AIR VANUATU (OPERATIONS) LIMITED
Third Respondent

AND:

MARC NEIL JONES
Fourth Respondent

AND:

TRADING POST LIMITED
Fifth Respondent

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

Counsel: No appearance for the Appellant
Mr Mark Hurley for the First Respondent
Mr Justin Ngwele for the Second Respondent
Mr John Malcolm for the Third Respondent
Mr Juris Ozols for the Fourth and Fifth Respondents

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

JUDGMENT

1. This appeal was listed for hearing in the second session of the Court of Appeal in 2011 commencing on 11 July 2011.
   
2. On 6 July 2011, the solicitor on the record for the appellant filed a notice of discontinuance. Counsel for the appellant did not appear when the matter was called on 11 July 2011. However, counsel for each of the respondents appeared and sought orders for costs. No reasons appeared to the Court of Appeal why the respondents should not receive Orders for their costs of the appeal. Moreover, the amount sought by each of the respondents for their costs appeared to the Court of Appeal to be reasonable.
   
3. The Court of Appeal therefore orders that the appellant:
   

1. Pay the costs of the first respondent fixed at VT50,000;

2. Pay the costs of the second respondent fixed at VT30,000;

3. Pay the costs of the third respondent fixed at VT50,000;

4. Pay the costs of the fourth and fifth respondents 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