Watson v Republic of Vanuatu [2021] VUSC 295; Judicial Review 3369 of 2020 (11 June 2021)

IN THE SUPREME COURT OF Judicial Review

THE REPUBLIC OF VANUATU Case No. 20/3369 SC/JUDR

(Civil Jurisdiction)

BETWEEN: Dorosday Kenneth Watson

Claimant

AND: Republic of Vanuatu

Defendant

Date: 11 June 2021

Before: Justice V.M. Trief

In Attendance: Claimant – Mr M. Hurley

Defendant – Mr S. Aron

ORDERS AS TO COSTS

1. The Claimant is entitled to costs. Counsel agreed that the Court summarily fix the costs of this matter on the standard basis having heard from the parties as to costs. Having considered the Claimant’s Memorandum filed on 3 May 2021 and the Defendant’s submissions filed on 2 June 2021, I fix the costs as follows:
   
   1. The usual rate for standard costs set by the Court of Appeal in Hurley v Law Council of the Republic of Vanuatu [2000] VUCA 10 is VT10,000 per hour. Given the passage of time and increase in the minimum wage since the Hurley judgment, I will assess costs on the standard basis at the rate of VT15,000 per hour plus VAT plus disbursements.
      
   2. Claimant’s counsel has rendered 3 invoices seeking payment for 15.7 hours. I therefore fix the costs for the Claimant at 15.7 hours times VT15,000 per hour, equals VT235,500. VAT on this amount is VT35,325.
      
   100. Disbursements of VT24,825 plus VAT of VT679 are also sought. These are accepted by the Defendant.
        
   4. I therefore fix the Claimant’s costs in the amount of VT296,329 (costs VT235,500 + VAT VT35,325 + disbursements VT24,825 + VAT VT679).
      
2. The Defendant is to pay the Claimant’s costed at VT296,329 by 4pm o4pm on 12 July 2021, failing which will be enforcement action before the Hon. Master.
   

DATED at Naveto, Gaua island this 11^th day of June 2021

BY THE COURT

.................................................

Viran Molisa Trief

Judge