Vanuatu Maritime Authority v Director of Fisheries [2006] VUSC 94; Civil Case 181 of 2005 (13 March 2006)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

CIVIL CASE No.181 of 2005

BETWEEN:

VANUATU MARITIME AUTHORITY
Claimant

AND:

THE DIRECTOR OF FISHERIES
First Defendant

AND:

THE COMMISSIONER OF POLICE
Second Defendant

Mr Frederick Loughman for the First and Second Defendants
The Claimant not legally represented

JUDGMENT

This is an application to strike out the action in CC 181 of 2005 dated 24 January 2007. The claim (as amended) is made by the Vanuatu Maritime Authority against the Director of Fisheries (First Defendant) and the Commissioner of Police (Second Defendant). The claim is for the payment of wharfage charges and fees to the Claimant of VT12,595,000.

The Attorney General filed an application to strike out the claim on the following grounds:-

First, Section 30 of the Ports Act [CAP.26] provides for wharfage charges payable directly to the Government but not through the Claimant.

Second, the Vanuatu Maritime Authority Act No.29 of 1998 does not provide for the Claimant to charge or collect wharfage fees.

Third, on the authority of the judgment of the Court of Appeal in Vanuatu Maritime Authority v. Simeon Athy, Director General of Finance, CAC No.27 of 2006 in which the Court, among other matters, held that:

• All parties are elements of the Government of Vanuatu and at law the Government cannot both be the Plaintiff and the Defendant.
• The Claimant does not have standing to bring this proceeding.
  

Counsel for the Claimant does not attend the conference since 22 November 2006. The present application is listed for hearing today 13 March 2007 at 8.30AM. The Claimant’s counsel nor any representative of the Claimant appears nor any information provided to the Court as to the Claimant’s position. The Court hears the application this morning. The application has good law in its support. The claim in CC 181 of 2005 must be struck out as the Claimant has no standing to bring the claim.

ORDER

1. The claim in CC 181 of 2005 is hereby struck out.

2. There is no order as to costs.

DATED at Port-Vila this 13th day of March 2006

BY THE COURT

Vincent LUNABEK

Chief Justice