Tabi v President of the Republic of Vanuatu [2023] VUSC 68; Judicial Review 48 of 2023 (2 May 2023)

IN THE SUPREME COURT OF	Judicial Review
THE REPUBLIC OF VANUATU	Case No. 23/48 SC/JUDR
(Civil Jurisdiction)	(temporary ref. 23/140)

BETWEEN: Hardison Tabi, David Narai and Alice Kalo

Claimants

AND: President of the Republic of Vanuatu

First Defendant

AND: Minister of Education and Training

Second Defendant

Date: 2 May 2023

Before: Justice V.M. Trief

Counsel: Claimants – Mr H. Tabi

First Defendant – Mr J. Wells

Second Defendant – Mr C. Leo

DECISION AS TO SECOND DEFENDANT’S APPLICATION FOR STAY OF THE EFFECT OF THE JUDGMENT

1. The Claimants Hardison Tabi, David Narai and Alice Kalo filed the Claim for judicial review of the First Defendant President’s decision to remove them as members of the Teaching Service Commission (‘TSC’) and to appoint new members. By the Judgment dated 17 March 2023, the President’s decisions were quashed.
   
2. On 19 April 2023, the Second Defendant the Minister of Education and Training filed Application for Stay of the Effect of the Judgment dated 17 March 2023 (the ‘Application’). It was opposed.
   
3. Having considered the Application and the submissions made, the Application is declined and dismissed for the following reasons:
   
   1. The Application is made on the grounds that the Second Defendant has lodged an appeal and given its nature, it is necessary that the effect of the Judgment be stayed and as set out in the Sworn statement of Bruno Leingkone;
   2. Mr Leingkone’s sworn statement contains a request that the Judgment be stayed and attaches a copy of the Notice and Grounds of Appeal;
   100. However, a request that the Judgment be stayed is insufficient reason to grant a stay and neither is the purported nature of the appeal;
   4. In addition, the orders made in the Judgment were not against the Second Defendant and I accept Mr Tabi’s submission that therefore the Second Defendant is not entitled to apply for its suspension; and
   5. Finally, to grant a stay of the Judgment would have the effect of denying the Claimants the fruits of the judgment.
4. The costs of the Application are reserved.
   

DATED at Port Vila this 2^nd day of May 2023

BY THE COURT

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Justice Viran Molisa Trief