Kilman v Republic of Vanuatu [2011] VUSC 335; Civil Case 193 of 2010 (27 October 2011)

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

Civil Case No. 193 /2010

BETWEEN:

WALTER KILMAN
as representative of Family Kilman
Claimant

AND:

REPUBLIC OF VANUATU
First Defendant

AND:

MELTEN TABONGI
Second Defendant

Conference: 27 October 2011
Before: Justice RLB Spear

In attendance:

Claimant: George Boar
Defendants: Alain Obed

MINUTE
Spear J
27 October 2011

1. By consent the claimant is now, "Walter Kilman as representative of the Family Kilman".

2. The Republic of Vanuatu is clearly representing the Land Tribunal under attack by this appeal. It is necessary, however, to give consideration to the other parties before the Land Tribunal being Melten Tabongi, Family Julun, Family Buemenmen, Family Steven, Family Fresa and Family Veremaito. Counsel confirm, however, that the first named Melten Tabongi is the only person with continuing interest in this proceeding given that he was declared by the Land Tribunal to be the custom owner of the land in question.
3. Melten Tabongi is accordingly added to the proceeding as second defendant.

4. It will be necessary for the claim to be repleaded to reflect the change in the parties. That amended claim is to be filed and served by 11 November 2011.

5. The amended claim is to be served on the first defendant by delivery to the State Law Office without further documentation.

6. The amended claim is to be served on the second respondent personally with the appropriate notices requiring the filing of a response and the defence together with a copy of this minute.

7. Mr Boar is to request a further conference after he has attended to service of the documentation on the second defendant and proof of that service has been filed. It is expected that there will be a further conference to review the file in February 2012.

8. Costs in the cause.

BY THE COURT