Poilapa IV v Masaai [2011] VUCA 19; Civil Appeal 14 of 2011 (11 July 2011)

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

CIVIL APPEAL CASE No.14 OF 2011

BETWEEN:

CHIEF SIMEON POILAPA IV & TASIL MALASTAPU of Mele Village, Efate
Appellants

AND:

KALOKAI MASAAI of Mele Village, Efate
Respondent

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

Counsel: Mr Jack Kilu for the Appellant
Mr Stephen Tari Joel for the Respondent

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

JUDGMENT

1. This matter was included in the list of cases for hearing in the second Session of the Court of Appeal in 2011. When the appeal was called on 11 July 2011, counsel for the appellant informed the Court that the appeal would be discontinued. In answer to questions from the Court, counsel for the appellants said there had been no discussions with counsel for the respondent as to the costs which the respondent would seek upon the discontinuance. No formal notice of discontinuance had been filed nor was one produced to the Court. The Court therefore stood the matter over for a short time inviting both counsel to discuss what costs' order should be made.
   
2. When the matter was recalled, counsel for the appellants was not in Court. Counsel for the respondent said no agreement had been reached as to costs.
   
3. In these circumstances, the Court considered an order should be made dismissing the appeal with costs.
   
4. The Court of Appeal made the following order:

1. Appeal dismissed.
2. The appellants 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. P. Heath J