Commercial Developments (Van) Ltd v Port Vila Municipal Council [1993] VUSC 21; Civil Case 217 of 1992 (4 October 1993)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CIVIL CASE No.217 OF 1992

BETWEEN:

COMMERCIAL DEVELOPMENTS (VAN) LIMITED
Plaintiff

AND:

PORT VILA MUNICIPAL COUNCIL
Defendant

Coram Mr Justice Downing.

Mr John Malcolm for Plaintiff
Mr Julian Ala for Defendant

ORDER

1. The Government of the Republic of Vanuatu and Council pursuant to their powers under the Land Acquisition Act shall take all such steps as are necessary to give effect to the declaration of the Council to use the land more particularly described in lease Title 11/OB24/048 as a park.

2. Declare that the Government of the Republic of Vanuatu and Council agree that compensation shall be due to the Plaintiff.

3. The amount of compensation shall be determined pursuant to the provisions of the Land Acquisition Act.

4. Each party shall pay its own costs of the proceeding.

Dated this 4th day of October 1993

R.M. DOWNING
JUDGE