Kalmet v Brugger [2024] VUSC 50; Civil Case 657 of 2023 (31 January 2024)

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

Civil Case No. 23/657 SC/CIVL

BETWEEN:	Norris Kalmet Claimant
AND:	Marcel Andre Brugger and Fabienne Brugger First Defendants
AND:	Republic of Vanuatu Second Defendant

Date of CONFERENCE: Date of Decision:	31st day of January, 2024 at 9:15 AM 2nd day of February 2023
Before:	Justice Oliver Saksak

In Attendance:

Mr James Tari for the Claimant Mr Fleming for the First Defendants/ Applicants Mr Freddie Bong for the Second Defendant

DECISION

1. I heard Mr Tari and Mr Fleming in relation to two applications to vary the Court orders dated 23^rd September 2023 and for the claim to be struck out.
   
2. The application to vary was filed by Mr Tari on behalf of his client, the claimant. And the strike out application was filed by Mr Fleming.
   
3. Having considered the written submissions filed by both counsel in relation to the two applications together with the oral responses made by them. I have decided that-
   
   1. The application to vary the consent orders issued on 23^rd September 2023 be dismissed.
   2. The application to strike out the claimant’s case be dismissed.
      
4. I now provide reasons. First for the application to vary the orders consented to in September 2023 by the Parties, I accept Mr Fleming’s submission in paragraph 9 of his submissions filed 4^th December 2023 that to vary the orders would essentially mean the claimant would be obtaining final orders and outstanding the jurisdiction of the Court and abusing its process.
   
5. For the strike out application the claim is complicated by the counter-claims of the defendants against the claimant, therefore it should not be struck out but be tried fully to determine all issues.
   
6. The further oral submissions made by Mr Fleming that the claimant’s claims were time-barred is not pleaded in the defence and is an untenable
   

DATED at Port Vila this 31^st day of January 2024

BY THE COURT

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

Hon. Oliver Saksak

Judge