Wu Kim Ming v Republic of Vanuatu [2025] VUSC 334; Civil Case 473 of 2023 (2 December 2025)

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

Civil Case No. 23/473 SC/CIVL

BETWEEN:	Wu Kim Ming Claimant
AND:	Republic of Vanuatu First Defendant
AND:	Nelson Sese Second Defendant
AND:	The Public Prosecutor Third Defendant

Before:

Justice Oliver A. Saksak

Counsel:	Mr Robert Sugden for the Claimant/ Applicant Mr Lennon Huri for the First and Third Defendant Mr Lent Tevi for the Second Defendant
Date of Decision:	2nd December 2025

DECISION

1. By an application filed by the claimant on 23^rd June 2025 pursuant to Rule 18.11 of the Civil Procedure Rules the claimant alleges the Defendants have failed to make disclosures as ordered to do so by order dated 11^th June 2025.
   
2. Amongst others, the Court ordered the Third Defendant to provide further and better disclosure of :
   1. All notes, file notes and memoranda internal to the Third Defendant that concerned, directly or indirectly, all proceedings in relation to the prosecution, PP v Ming, Criminal Case No. 20/2330.
   2. All correspondence relating to or connected with Criminal Case No. 20/2330 between the Third Defendant and entities other than the Vanuatu Police Force
      
3. The third Defendant has claimed legal professional privilege for those documents.
   
4. The only issue for determination is whether the documents are privileged documents and should not be disclosed to the claimant.
   
5. In determining the issue I have had regard to :
   1. The Supreme Court claim filed on 2^nd May 2023.
   2. The Amended claim filed on 6^th June 2025.
   100. The Constitutional Case No. 2884 of 2017 filed on 20^th July 2017.
   4. The Decision relating to the claimant’s application for consolidation of cases dated 27^th May 2024.
   5. The Third Defendant’s list of Documents filed on 18 June 2025.
   6. The First and Third Defendant’s Defence to the Amended Particulars filed on 13^th June 2025.
   7. The Claimant’s submissions fled on 19^th September 2025, and
   8. The First and Third Defendant’s submissions filed on 19^th September 2025.
      
6. It appears to me Mr Tevi did not file any submissions in relation to the issues of privilege.
   
7. Paragraph 3 of the Decision dated 27 May 2024 records that the Criminal charges against the claimant in Criminal Case 20/2330 was dismissed on 19^th September 2022 after the prosecutor offered no evidence.
   
8. The claimant has had the benefit of that decision since May 2024. Now the claimant is seeking disclosure of all notes, and internal memoranda directly or indirectly concerned with the Criminal Case 20/2330. The purpose of seeking disclosures of those documents have not been specified. Those documents are claimed to be privileged documents. The third Defendant is entitled to make that claim of privilege. By section 192 of the Evidence Act those privileged documents are inadmissible evidence.

Dated at Port Vila this 2^nd day of December 2025

BY THE COURT

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

Hon. Justice Oliver A Saksak