Weibur v The Republic of Vanuatu

Supreme Court

Case type

Constitutional

Case number

1872 of 2021

Hearing date

10 Jun 2021

Decision date

10 Jun 2021

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Judge(s):

Justice Oliver Saksak

Applicant(s):

Bob Loughman Weibur - First Applicant; Alatoi Ishmael Kalsakau - Second Applicant; Johnny Koanapo Rasou - Third Applicant; Jay Ngwele
Fourth Applicant; James Bule -
Fifth Applicant; Willie Daniel
Sixth Applicant; Willie Pakoa Satearoto - Seventh Applicant; Lenkon Tao Bruno - Eighth Applicant; Seule Simeon - Ninth Applicant; Mark Ati - Tenth Applicant; Silas Bule Melve - Eleventh Applicant; Samson Samsen - Twelfth Applicant; Edward Nalyal Molou - Thirteenth Applicant; Nakou Ianatom Natuman - Fourteenth Applicant; Leonard Joshua Pikioune - Fifteenth Applicant; Marc Muelsul - Sixteenth Applicant; Edmund Julun - Seventeen Applicant; Xavier Emanuel Harry - Eighteenth Applicant; Anthony Iaris Harry - Nineteenth Applicant

Respondent(s):

The Republic of Vanuatu - Respondent; Gracia Shadrack, Speaker of Parliament -
Interested Party

Counsel:

Mr Robert Sugden, Mr Godden Avock and Mr Sakiusa Kalsakau for the Applicants; Mr Frederick Kilu for the Respondent; Mr Nigel Morrison and Ms Stephanie Mahuk for the Interested Party

MINUTE

1. This case was adjourned to today (10/06/21) for a Rule 2.8 Conference.

2. Prior to the conference being called, the Court received an application filed by Counsel for the Interested Party seeking that the Application by the Applicants be struck out in its entirety with costs.

3. Counsel also filed written submissions in support of the application with case authorities and relevant laws.

4. At the conference Mr Morrison informed the Court that Counsel had had previous discussions prior to attending chambers. As regards to the strike out application, the Interested Party is incompetent and it was suggested there be a short adjournment to enable Mr Gilu to brief or instruct another counsel regarding whether or not the Republic being the respondent could bring the application instead.

5. Mr Sugden did not object but raised his clients concerns that the case should be heard as soon as possible, and proposed that the Rule 2.8 conference be adjourned to Friday 11th June. Mr Sugden also explained Mr Kalsakau’s positon in the matter.

6. Mr Gilu welcomed the suggestion made by Mr Morrison but sought further time until Monday 14 June.

7. Accordingly the Rule 2.8 conference is adjourned to Monday 14 June 2021 at 8:30am.

8. Mr Gilu should advise counsel as to the positon to put them to advanced notice as to what to expect on Monday 14 June.

DATED at Port Vila this 10th day of June 2021
BY THE COURT

OLIVER.A.SAKSAK
Judge