Mahit v Ifira Land Corporation Limited

Court of Appeal

Civil Appeal
333 of 2017
21 Juil 2017

Hon. Justice John von Doussa; Hon. Justice Ronald Young; Hon. Justice Daniel Fatiaki
Marinette Mahit and the Estate of Allan Jimmy Mahit
Ifira Land Corporation Limited - First Respondent; Republic of Vanuatu - Second Respondent
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 This is the amount commonly awarded by this court to a successful party where an appeal is withdrawn or discontinued shortly before the session starts.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.