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Malere v Noel [2002] VUSC 53; SC 009-00 (11 February 2002)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

(Civil Jurisdiction)

Civil Case No.9 of 2000

BETWEEN:

RAYMOND MALERE

Plaintiff

AND:

SUSAN NOEL

Defendant

AND:

SUSAN NOEL AND ROWARELE AMERENE NOEL

Plaintiffs

AND:

MINISTRY OF LANDS

First Defendant

AND:

DIRECTOR OF LAND RECORDS

Second Defendant

AND:

RAYMOND MALERE

Third Defendant

Coram: Before Mr Justice Oliver A. Saksak
Ms Cynthia Thomas – Clerk

Mr Saling Stephens of Counsel for the Plaintiff, Mr Malere
Mr James Tari of State Law Office for First and Second Defendants
Mr Noel John – As spokesman for Susan Noel and Rowarele Amerene Noel.

RULING

Two applications are made to me today. Mr Tari applies to have the Plaintiffs’ Defence and Counter-Claims of 17th August 2000 struck out on the basis of the affidavit of Mr Jean Marc Pierre, of 10 December 2001.

Mr Stephens supports that Application. I reserve my ruling on this Application today.

The Second Application is from Mr John Noel on behalf of his two sisters who seek an adjournment to tomorrow on the basis that counsel Mr Hillary Toa is not available in Santo today.

I have considered both applications and think that in fairness to all Parties that the matter be adjourned but that the Applicants pay the Defendants’ costs of today’s adjournment. I therefore make the following orders:-

1. This matter is adjourned for hearing on Tuesday 5th and Wednesday 6th March 2002 at 0830 hours.

2. The Applicants Ms Susan Noel and Ms Rowarele Amerene Noel will pay all the Defendants’ costs of today’s adjournment.

3. These costs will be paid before 5th March 2002. In the event that costs are not paid in full or at all, the court will rule on Mr Tari’s Application to strike out Defence and Counter-claim.

DATED at Luganville this 11th day of February, 2002.

BY ORDER OF THE COURT

OLIVER A. SAKSAK

Judge