Vanuatu National Provident Fund Board v Tarilongi [2015] VUCA 20; Civil Appeal Case 19 of 2015 (15 July 2015)

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

CIVIL APPEAL CASE No.19 OF 2015

BETWEEN:

VANUATU NATIONAL PROVIDENT
FUND BOARD
Appellant

AND:

ANNIVA TARILONGI
Respondent

Coram: Hon. Chief Justice Vincent Lunabek
Hon. Justice Bruce Robertson
Hon. Justice John Mansfield
Hon. Justice Oliver Saksak
Hon. Justice Stephen Harrop
Hon. Justice Mary Sey
Hon. Justice David Chetwynd

Counsel: Mr Gary Blake for Appellant
Mr Bill Bani for Respondent

Date of Hearing: 15 July 2015

CONSENT ORDER

When this matter was in the call over on 13 July 2015 there was a submission that the matter had been dealt with in the Supreme Court on a basis not consistent with the mutual requests of counsel.

The case was adjourned for mention on 15 July 2015 for counsel for the Respondent to comment on these issues.

We received a memo from Mr Bani agreeing with the essential points raised by Mr Blake.

BY CONSENT this appeal is allowed. The question of costs is reserved to be considered further in the proceedings. The matter is returned to the Supreme Court for a rehearing before a different Judge.

DATED at Port-Vila this 15th day of July, 2015

BY THE COURT

________________________
Vincent LUNABEK
Chief Justice