Benard v Government of the Republic of Vanuatu [2010] VUSC 107; Civil Case 199 of 2007 (30 June 2010)

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

Civil Case No. 199 of 2007

BETWEEN:

GUY BENARD
Claimant

AND:

THE GOVERNMENT OF THE REPUBLIC OF VANUATU
First Defendant

AND:

THE ATTORNEY GENERAL
Second Defendant

Claimant: Mr. R. Sugden
Defendants: Mr. A. Jenshel

ORDERS

1. The Claimant's Application for Judgment in the Inherent Jurisdiction of the Court is withdrawn by the Claimant.
   
2. The Defendant's Application for a Permanent Stay of the Proceedings is not opposed by the Claimant and is granted.
   
3. The Defendant's Application for costs for attendances after 4th February, 2010 is granted. The Claimant wrote to the Defendants a letter dated 3rd February, 2010 (Attachment "DM9" in the sworn statement of Daniel Morris dated 15th February, 2010) requesting a letter from the Defendants following receipt of which the Claimant said he would discontinue this case. A letter dated 4th February, 2010 was sent by the Defendants to the Claimant that fully complied with the Claimant's demand. This case should then have been discontinued by the Claimant. The Claimant continued to correspond with the Defendants leading to further applications, sworn statements being filed in Court. The Defendants estimate their further costs since 4th February, 2010 at VT 100,000 but concede not all of those costs are claimable. Taking into account the actions of the parties since 4th February, 2010, the Court awards costs of VT 50,000 against the Claimant in favour of the Defendants. VT 10,000 has already been paid by the Claimant for two orders of wasted costs at conferences, and the Claimant now has a balance to pay of VT 40,000. This amount is to be paid by 31st August, 2010.
   

Dated at Port Vila, this 30th day of June, 2010

BY THE COURT

N. R. DAWSON
Judge