Court of Appeal
CONSENT ORDERS ALLOWING APPEAL
At the outset of this appeal Counsel for the parties, Mr Tabi and Mr Leo, advised that they had reached agreement and that the appeal could be allowed by consent. We agree that the application to set aside the default judgment should be allowed, as the test for setting aside default judgments was met. We accordingly make the following orders, which reflect the terms of the agreement:
1. The appeal is allowed;
2. The default judgment of 5 February 2021 is set aside ;
3. The matter is to go back to the list and to proceed in the usual way. The file is returned to the management of Justice O. Saksak ;
4. Costs in this Court in favour of the Appellant are to be paid by the Respondent in the sum of VT20,000 within 14 days ;
5. The costs order in the Supreme Court is set aside, and there will be no order for costs in the Supreme Court.
DATED at Port Vila, Vanuatu, this 14th day of May, 2021
BY THE COURT
…………………………………..
Hon. Chief Justice
Vincent Lunabek