Tau v Simeon [2023] VUCA 45; Civil Appeal Case 2642 of 2023 (6 October 2023)

IN THE COURT OF APPEAL OF	CIVIL CASE NO. 2642 OF 2023
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

	BETWEEN		BRUNO LEINGKONE TAU Appellant Counsel for the Appellant: Peter J Dunning, Warsal & Co Lawyers
	AND		SEULE DAVIDSON SIMEON THE SPEAKER OF PARLIAMENT First Respondent Counsel for the First Respondent:
	AND:		THE REPUBLIC OF VANUATU Second Respondent Counsel for the Second Respondent:

Before: Hon. Justice D. Aru,

Hon. Justice E.P. Goldsbrough

Hon. Justice V.M. Trief

In attendance: Mr PJ Dunning KC and Ronald Kay Warsal for the Appellant

Mr S Kalsakau holding papers for G. Blake for First Respondent

Mr K. Loughman AG and F. W. Samuels Acting SG for the Second Respondent

Date of Hearing

of Application: 5 and 6 October 2023

ORDER

1. If it be necessary, leave to appeal be granted.
2. Until the determination of the appeal or earlier order, it is hereby ordered that:
   • (a) The Judgment and orders of Hasting J. of 2 October 2023 are in all respect stayed;
   • (b) The appellant Bruno Leingkone Tau is to be treated in all respects, including as to voting and the calculation of voting, as the member for Ambrym in the Parliament; and
   • (c) costs in the cause.
     

DATED at Port Vila this 6^th day of October 2023.

BY THE COURT

______________________________