Francois v Electoral Commission

Supreme Court

Election Petition
922 of 2020
20 May 2020
22 May 2020

Justice Oliver Saksak
Chani Xavier Francois
Electoral Commission - First Respondent; Boe Reve Ephraim - Second Respondent; John Selwyn Tevi - Third Respondent
Mr Eric Molbaleh for Petitioner; Mr Sammy Aron for First Respondent; No appearances for Second and Third Respondents

ORDER

WHEREAS-

1. The Petitioner has by notice dated 19th May 2020 notified the respondents that he has discontinued this petition against each of them,
2. And having heard confirmation from Mr Molbaleh who indicates his client can pay costs of VT 30.000 , and Mr Aron who seeks costs of VT 50.000, and
3. Upon hearing of the view costs should be such to reflect the sensible approach taken by the petitioner to end the case early by discontinuance,

It is Ordered that-

1. The case be discontinued and the proceeding be struck out in its entirety.
2. The petitioner shall pay the respondent’s costs fixed at VT 30.000 which shall be reduced by deduction and forfeiture of his deposit fee of VT 20.000 paid on the filing of is petition.
3. The Registrar shall pay the VT 20.000 to the State law Office within 7 days from the date of this order (by 29th May 2020).
4. The Petitioner shall pay the balance of VT 10.000 to the State law Office within the same 7 days (by 29th May 2020).

DATED at Port Vila this 22nd day of May, 2020.
BY THE COURT

………………………
Oliver Saksak
Judge