IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Civil Case No. 17 of 2003

BETWEEN:

ATTORNEY GENERAL
Appellant

AND:

ZEBEDDE TANGA
First Respondent

AND:

JOHN PAKOA TARIMAS
Second Respondent

JUDGMENT ON APPEAL

This is a civil action following upon a road accident. After several adjournments the Magistrate heard the trial on 19th December. It was late in the day when the defendant/appellant’s witnesses were called. They had been present earlier but had left. The case was adjourned to 20th December. Counsel told them that morning to attend. They didn’t. One went to his island for Christmas; the other went to a funeral. They were both police officers. One has since died.

On 20th, the Magistrate refused any further adjournment and called for closing submissions. The defendant appeals against the refusal. He says the plaintiff had had the benefit of several adjournments.

I dismiss this appeal. It was within the discretion of the Magistrate to act as he did. The defence witnesses had been present on 19th but just left. They didn’t attend on 20th, despite being warned. They were police officers.

The appellant will pay the respondents assessed costs of VT10,000 by 3 p.m. on 18th March.

Dated at Port Vila, this 4th day of March 2003.

R. J. COVENTRY
Judge.