Supreme Court
DECISION
1. The application by the applicant to have the respondent’s letters of administration revoked is hereby dismissed with costs.
Reasons
2. This is the second application made by the applicant. The first was made in December 2016 and was dismissed on 7th June 2017.
3. This application is the second attempt and is misconceived and is an abuse of process. This matter is now res judicata.
4. The applicant has come to Court with unclean hands. There is pending a Civil claim against the applicant for damages. This claim has not yet been determined; therefore it is improper for the applicant to put the wheel before the horse in this case.
5. These reasons are sufficient to dispose of the application.
6. The formal orders are therefore-
a) The application is dismissed.
b) The applicant will pay the respondent’s costs on an indemnity basis as agreed or be taxed by the Master.
DATED at Port Vila this 29th day of April, 2019
BY THE COURT
………………………
Oliver Saksak
Judge