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Iririki Island Holdings v Ascension Ltd [2007] VUSC 69; Civil Case 70 of 2007 (31 July 2007)

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

Civil Case No. 70 of 2007

BETWEEN:

IRIRIKI ISLAND HOLDINGS
Claimant

AND:

ASCENSION LIMITED
Defendant

Coram: Justice Tuohy

Counsels: Mr. Ozols for Claimant
Mr. Sugden for Defendant

Date of Conference: 26 July 2007
Date of Decision: 31 July 2007

RULING

1. Counsel have requested the Court to deal with the defendant’s application to strike out the claim on the basis that there is no reasonable cause of action shown. The existence of the jurisdiction to strike out a claim on this ground was recognized by the Court of Appeal in Noel –v- Champagne Beach Working Committee [2006] VUCA 18; CAC 24/06 (6 October 2006. However the Court recognized that the jurisdiction should be exercised sparingly and only in a clear case where the Court is satisfied that it has the requisite material. The claimant’s case must be so clearly untenable that it cannot possibly succeed.

2. Counsel have each adopted the submissions that were made to the Court on the Claimant’s application for an interim injunction, which I refused in my ruling of 31st May 2007. In that ruling I held that there was no serious question to be tried. In my view there is no material difference between the standard which the claimant must establish in relation to interim relief that there is a serious question to be tried and the standard which a defendant must attain in order to succeed on a strike out application under the Court’s inherent jurisdiction. My views on the issues have not changed. I therefore find that there is no reasonable cause of action in this case and the application to strike out is therefore granted. The reasons for my decision are those set out in my ruling of 31st May 2007, which is attached for reference.

Dated at Port Vila, this 31st day of July, 2007

BY THE COURT

C.N. TUOHY
Judge