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Republic of Vanuatu v Bong [2017] VUCA 10; Civil Appeal Case 4035 of 2016 (7 April 2017)

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

Civil Appeal
Case No. 16/4035 CoA/CIVA


BETWEEN:

REPUBLIC OF VANUATU
First Appellant


AND:

LEON MALANTUGUN
Second Appellant
AND:
CHRISTOPHER GRIGGS
Third Appellant
AND:
JOSHUA BONG
Respondent

Before: Hon. Chief Justice Vincent Lunabek

Hon. Justice Ronald Young

Hon. Justice John Mansfield
Hon. Justice Oliver Saksak
Hon. Justice Mary Sey
Hon. Justice Paul Geoghegan
Hon. Justice David Chetwynd


Date of Judgment: 7 April 2017
Counsel: Mr Sammy Aron for First and Second Appellants
No appearance for Third Appellant
Mr Saling Stephens for Respondent


JUDGMENT


(1) By consent there will be leave to appeal out of time of part of the Supreme Court judgment of 8 February 2016 until 22 December 2016.

(2) By consent the appeal against part of the judgment is allowed. Order (1) of the Supreme Court of 8 February 2016 is amended by deleting all those words after “quashed” so that the order records “(1) The appointment of the Second Defendant as a state prosecutor is hereby quashed”.

(3) There will be no order as to costs of the application or appeal.

DATED at Port Vila this 7th day of April, 2017.

BY THE COURT


_______________________

Vincent Lunabek

Chief Justice



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