Ati v National Bank of Vanuatu [2018] VUCA 1; Civil Appeal Case 3043 of 2017 (16 February 2018)

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

Civil Appeal
Case No. 17/3043 CoA/CIVA

BETWEEN:	MARK ATI
	Appellant
AND:	NATIONAL BANK OF VANUATU
	Respondent

Coram: Hon. Chief Justice Vincent Lunabek

Hon. Justice John von Doussa

Hon. Justice Ronald Young
Hon. Justice Paul Geoghegan

Counsel: F. Laumae for the Appellant

N. Morrison for the Respondent

Date of Hearing: 16^th February 2018

MINUTE

1. This appeal is against a judgment in the Supreme Court which granted summary judgment empowering the respondent to sell and transfer two leasehold properties which the appellant had mortgaged to the respondent.
   
2. When the appeal was set down for hearing in this special session, and directions as to the filing of appeal books and submission were given.
   
3. When the appeal was called no appeal books or submissions had been filed, but counsel for the appellant handed up brief written submissions, the primary thrust of which was that the respondent had sold the leasehold properties for less than their proper value. Counsel informed the Court that the appellant wished to withdraw his appeal and that he proposed to institute fresh proceedings in respect of the alleged under-value sale of the properties.
   
4. Upon the Court announcing that the appeal would therefore be dismissed the respondent sought costs of the appeal. After hearing the parties the Court announced that an order for costs would be made against the appellant fixed at VT75,000.
   
5. The Court made the following orders:
   
   • (a) Appeal dismissed;
   • (b) Appellant to pay the respondent’s costs of the appeal fixed at VT75,000.
     

DATED at Port Vila, this 16^th day of February, 2018.

BY THE COURT

Vincent LUNABEK
Chief Justice.