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Jack v Tetui [2015] VUSC 190; Civil Case 18 of 2013 (13 August 2015)

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

CIVIL CASE NO. 18 OF 2013

BETWEEN:

PAUL JACK
Claimant

AND:

JEAN PAUL TETUI
First Defendant

AND:

THE REPUBLIC OF VANUATU
Second Defendant

Minute: Thursday 13 August 2015
By: Justice Stephen Harrop
Distribution: Colin Leo for the Claimant
John Timakata for the First Defendant
Viran Molisa Trief (SLO) for the Second Defendant

JUDGMENT AS TO COSTS

1. I struck this claim out for inactivity on 13 October 2014 but gave leave to either defendant to seek costs.
2. On 4 December 2014 the second defendant filed a statement of costs totaling Vt 120,879. This was served on the claimant at his address for service (Mr Leo's office) on 9 December 2014.
3. In a Minute dated 8 December 2014, I provided Mr Leo with the opportunity to file any submissions as to costs that he was instructed to file, this was to be done by 23 January 2015.
4. Nothing has been filed by Mr Leo. On 11 August 2015 the second defendant sought determination of its application for costs.

2

Having considered the statement of costs in the context of this case I am satisfied that the claim made is fair and reasonable and I award costs accordingly against the claimant in favour of the second defendant in the sum of Vt 120,879.

BY THE COURT