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Warte v Republic of Vanuatu [2013] VUCA 18; Civil Appeal 52.2012 (26 July 2013)

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


CIVIL APPEAL NO. 52 OF 2012


BETWEEN:


AUGUST WARTE AND THE ESTATE OF MOSES MASSING
First Appellants


AND:


CLARIE DORNIC AND LEA McNICOL
Second Appellants


AND:


THE REPUBLIC OF VANUATU,
RONALD KALORIB, SAMUEL WALTER, MARK DONALD BULE AND THE PUBLIC PROSECUTOR
Respondents


Coram: Hon. Chief Justice Vincent Lunabek
Hon. Justice John von Doussa
Hon. Justice Raynor Asher
Hon. Justice Oliver Saksak
Hon. Justice Daniel Fatiaki
Hon. Justice Dudley Aru
Hon. Justice Mary Sey


Counsel: Robert Sugden for the Appellants
Kent Ture for the Respondent


Date of Hearing: Monday 22 July, 2013
Date of Judgment: Friday 26 July, 2013


MEMORANDUM


  1. This matter was decided by judgment of the Court of Appeal in the April 2013 Session.
  2. Judgment was entered against the Republic of Vanuatu and the other respondents in the aggregate amount of Vt 3,039,296 together with costs.
  3. The matter was relisted before the Court of Appeal on Monday 15 July 2013 as the Respondents have not satisfied the judgment entered against them, notwithstanding attendances of the parties before a single Judge of the Supreme Court on enforcement conferences. The appellants sought the assistance of this Court to enforce payment of the judgment.
  4. It is essential to the due administration of the law and to the fulfillment of the role of government under the Constitution that the Republic complies with orders of the Court, in particular by satisfying money judgments entered against the Republic and its servants after rights of appeal have been exhausted.
  5. The Court adjourned further consideration of the matter until Monday, 22 July 2013, to enable the Respondents to attend to payment and to report back to the Court at the next hearing.
  6. When the matter was called on 22 July 2013 the Court was informed that payment had not occurred, and was not likely to occur before September 2013, and even then there seemed to be a degree of uncertainty whether payment might be further delayed.
  7. As payment had not been made, and was not about to be made, this Court considered that enforcement proceedings should take their normal course before the Supreme Court.
  8. This Court therefore entered the following orders:

Dated at Port Vila this 26th day of July, 2013


FOR THE COURT


_______________________
Chief Justice Vincent Lunabek


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