Joe v Government of Vanuatu [2009] VUSC 13; Civil Case 13 of 2006 (25 March 2009)

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

Civil Case No. 13 of 2006

BETWEEN:

JESSIE DICK JOE
Claimant

AND:

THE GOVERNMENT OF VANUATU
Defendant

Coram: Justice N. R. DAWSON

Date of Hearing: 25th March, 2009
Date of Decision: 25th March, 2009

Counsel: Claimant: Mr. Tari James
Defendant: Mr. Gilu

ORAL RULING

1. During the course of this hearing it became apparent that counsel has prepared for today’s hearing on different bases. The defence advised me that they had prepared their defence on this being a hearing about whether or not due process was followed during the course of the termination of Mr. Joe’s employment. Mr. Tari for the Claimant has clarified to me that it is not the case from the Claimant’s point of view the Claimant’s claim is based upon the merits of the termination of Mr. Joe’s employment. The Defendant has prepared a defence based on due process with some justification when paragraph 11 of the Supreme Court Claim is taken into account. The defendant is now in a position were they are unable today to re-brief witnesses to defend the claim on the basis of merit rather than on due process. It would be unfair in circumstances to require the defendant to proceed. This matter will therefore now go through to a conference in chambers before me at 4:30 pm on 2nd June, 2009.
   
2. The Claimant is to file and serve a submission clarifying the law upon which this claim is based by 30th April, 2009.
   

Dated at Port Vila, this 25th day of March, 2009

BY THE COURT

N. R. DAWSON
Judge