Mahit v Ifira Land Corporation Limited

Court Court of Appeal

Case type Civil Appeal

Case number 333 of 2017

Hearing date 30 Nov -0001

Decision date 21 Jul 2017

Official PDF document

Judge(s) Hon. Justice John von Doussa; Hon. Justice Ronald Young; Hon. Justice Daniel Fatiaki

Appellant(s) Marinette Mahit and the Estate of Allan Jimmy Mahit

Respondent(s) Ifira Land Corporation Limited - First Respondent; Republic of Vanuatu - Second Respondent

Counsel Edward Nalyal for the Appellant; Mark Hurley for the First Respondent; No appearance for the Second Respondent

MEMORANDUM

1. This appeal was listed in the July 2017 session. When the matter was called the Court was informed that the appeal had been discontinued, but the parties were in disagreement over the quantum of the first respondents’ costs payable on the discontinuance.

2. The Court heard oral submissions from counsel, and obtained information as to the work necessarily undertaken by the first respondent’s lawyers before they were notified of the discontinuance. The first respondent sought the sum of VT50,000. This is the amount commonly awarded by this court to a successful party where an appeal is withdrawn or discontinued shortly before the session starts. We considered the work performed by the first respondent lawyers in this instance made an award of VT50,000 appropriate.

3. The Court therefore ordered that the appellant pay the first respondent the sum of VT50,000 consequent on the discontinuance of the appeal.