Home | Databases | WorldLII | Search | Feedback Court of Appeal of Vanuatu

Ron v Commissioner of Police [2004] VUCA 19; Civil Appeal Case 20 of 2004 (5 November 2004)

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU
(Civil Appellate Jurisdiction)

Civil Appeal Case No. 20 of 2004

BETWEEN:

Sgt. VICTOR RON
Appellant

AND:

COMMISSIONER OF POLICE
Respondent

Coram: Chief Justice Vincent Lunabek
Hon. Justice Robertson
Hon. Justice Von Doussa
Hon. Justice Fatiaki
Hon. Justice Treston

Counsel: Mr. Saling Stephens for the appellant
Mr. Tom Joe Botleng for the respondent

Hearing Date: 27 October, 03, 04 and 05 November 2004
Judgment Date: 05 November 2004

ORDER BY CONSENT

1. Leave to the respondent to amend the application filed in Civil Case No. 5 of 2004 on 28^th April 2004 by the Attorney General on behalf of the Commissioner of Police so that it becomes a counter-claim and by amending the title to the said Civil Case No. 5 of 2004 as follows, by adding:-
   

"AND Commissioner of Police

Claimant by counter-claim

AND Ron Victor

Samson Miller

Toara Jimmy Titongoa

Freddy Sepa

John Harold, and

Kensley Joe

Respondents by counter-claim"

2. The appellant's appeals instituted by notices of appeal dated 27 May 2004 and 9 September 2004 be dismissed in their entirety.
   
3. Vary the order in Civil Case No. 5 of 2004 made on 9 September 2004 on the application by counterclaim of the Attorney General by substituting with effect from today the following orders:-
   
   1. Until further order, Order appointing Marisan Pierre of Financial Services Commission as the Official Receiver and Administrator of the Vanuatu Joint force Insurance and Social Benefit Scheme ("the scheme") including its activities under the name "Mountain View Treasures" and any other name used by it.
      

The powers and authority of the Official Receiver and Administrator include:-

(i) Access all bank accounts operated by the scheme;

(ii) Take into custody all books, documents and any cheque books of the scheme;

(iii) Identify and secure all assets of the scheme wherever situate;

(iv) Identify the creditors of the scheme;

(v) Identify 271 members of the scheme;

(vi) Identify the debtors and pursue debts to the scheme;

(vii) Ensure that a statement of affairs of the scheme is submitted by the respondents by counter-claim;

(viii) Bring or defend any action or other legal proceeding in the name and on behalf of the scheme;

(ix) To carry on the business of the scheme so far as may be necessary;

(x) Report to the Court any obstruction to the work of the administrator and official receiver;

(xi) The administrator may apply to the Court for direction in relation to any particular matter arising under the administration;

(xii) The administrator shall as necessary prepare accounts and shall keep all books and records of matters arising herein for inspection by a member or creditor;

(xiii) Prepare reports on the process of the administration;

(xiv) Report every month to the Court on the progress of the work undertaken;

(xv) To pay for the cost of the administrator and receiver of the scheme on the basis of the Vanuatu Financial Services Commission's fees;

(xvi) To consolidate bank deposits and accounts that are in credit with any that are in debit;

2. Order restraining the parties to the counterclaim and any other person from dealing in any way with the affairs of the scheme without the prior written consent of the said Marisan Pierre, and from interfering with administration and management of the scheme by the said Marisan Pierre.
   

100. Order directing the respondents to the counter-claim to sign whatever documents and forms that are necessary to transfer control of any bank account held by the scheme to the said Marrisan Pierre.
     

4. Direct that Civil Case No. 5 of 2004 by transferred to the Vila Registry of the Supreme Court.

5. The costs the parties in the Court of Appeal be reserved to the Supreme Court to be considered and determined when the costs in Civil action No. 5 of 2004 are determined.
   
6. Liberty to all parties to apply on 48 hours notice.
   

Dated at Port Vila this 5^th day of November 2004.

ON BEHALF OF THE COURT

Vincent LUNABEK CJ.