Telecom Vanuatu Ltd v Minister for Infrastructure and Public Utilities (No 3) [2006] VUSC 97; Civil Case No 205 of 2005 (17 August 2006)

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

Civil Case No. 205 of 2005

BETWEEN:

TELECOM VANUATU LIMITED
Claimant

AND:

THE MINISTER FOR INFRASTRUCTURE AND PUBLIC UTILITIES
First Defendant

AND:

HAM LINI VANUAROROA, MOANA CARCASSES KALOSIL,
WILLY JIMMY TAPAGARARUA, BARAK TAME SOPE,
EDWARD NATAPEI, JOSHUA KALSAKAU, ISABELLE DONALD,
ARNOLD PRASAD, MORKING STEVEN IATIKA, GEORGE WILLS,
JOE NATUMAN & JAMES BULE
Second Defendants

AND:

THE ATTORNEY GENERAL
Third Defendant

AND:

PACIFIC DATA SOLUTIONS LIMITED
Interested Party

Coram: Justice C.N. Tuohy
Mr. Rosewarne & Mr. Kalmet for Claimant
Mr. Botleng & Mr. Stevens for 1^st, 2^nd & 3^rd Defendants
Mr. Malcolm for Interested Party

Dates of Hearing: 16 August 2006
Date of Decision: 16 August 2006

INTERLOCUTORY RULING (No. 3)

At the end of the hearing on 17 August 2006, the Court reserved judgment. After hearing submissions from counsel the Court made orders continuing the restraining orders made by Judge Treston on 26 June 2006 until judgment is given conditional upon TVL filing an undertaking signed by its CEO Michel Dupuis in the same terms as its undertaking dated 20 February 2006 (except that the date of the orders changes from 16 December 2005 to today's date, and any amendment consequential upon Pacific Data Solutions Limited changing from a Defendant to an interested Party).

Dated AT PORT VILA on 17 August 2006

BY THE COURT

C.N. TUOHY
Judge