Republic of Vanuatu v Iaus [2021] VUCA 31; Civil Appeal Case 697 of 2021 (14 May 2021)

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

Civil Appeal Case No. 21/697 CoA/CIVA

BETWEEN:	REPUBLIC OF VANUATU Appellant
AND:	PETER IAUS Respondent

Coram: Hon. Chief Justice Vincent Lunabek

Hon. Justice Richard White

Hon. Justice Dudley Aru

Hon. Justice Raynor Asher

Hon. Justice Gus Andrée Wiltens

Hon. Justice Viran Molisa Trief

Counsel: Mr H. Tabi for the Appellant
Mr C. Leo for the Respondent

Date of Hearing:
and Decision: 7^th May 2021

CONSENT ORDERS ALLOWING APPEAL

At the outset of this appeal Counsel for the parties, Mr Tabi and Mr Leo, advised that they had reached agreement and that the appeal could be allowed by consent. We agree that the application to set aside the default judgment should be allowed, as the test for setting aside default judgments was met. We accordingly make the following orders, which reflect the terms of the agreement:

1. The appeal is allowed;
   
2. The default judgment of 5 February 2021 is set aside ;
   
3. The matter is to go back to the list and to proceed in the usual way. The file is returned to the management of Justice O. Saksak ;
   
4. Costs in this Court in favour of the Appellant are to be paid by the Respondent in the sum of VT20,000 within 14 days ;
   
5. The costs order in the Supreme Court is set aside, and there will be no order for costs in the Supreme Court.
   

DATED at Port Vila, Vanuatu, this 14^th day of May, 2021

BY THE COURT

.........................................
Hon. Chief Justice
Vincent Lunabek