IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)	Civil
Case No. 17/3598 SC/CIVL  	
BETWEEN:	Jansen Molisingi & Executive President Athletics Vanuatu 
Claimants	

AND:	
Rex Issachar
Ancel Nalau
 David Benjamin

Mary Estelle Kapalu
Tiopang Jean Pierre
Moses Kamut
Kevin Paul
 Jerry Jeremiah 
Timothy Loughman
David Childson Patunvanu
 Tawi Keiruan
Sandy Molu
Defendants
	
Date of CONFERENCE:	12th June 2018 	
Before:	Justice Oliver Saksak	
In Attendance:	No appearance for the Claimant
Frederick Loughman for the Defendants

RULING

1.	I heard the defendant’s application to set aside the ex parte orders issued on 12th February 2018.
2.	The application was filed on 1st June 2018 together with a sworn statement in support thereof by Rex Issacher pursuant to the Court’s Minute of 25th May 2018 at paragraph 4.
3.	The Claimant has not made any appearance.
4.	The grounds of the application are that-
a)	The orders were interlocutory orders pending the final determination of this matter.
b)	The Court referred the dispute to an arbitration tribunal pursuant to Article 12.7 of the Constitution of Athletics Vanuatu.
c)	The Tribunal Council met and made a decision on Friday 13th April 2018 recognising the Resolution made at an executive meeting held on 4th December 2017.
d)	The Tribunal Council has ratified that decision as valid and final.
5.	The application s unchallenged.
6.	In the circumstances, the Court-
a)	Allows the application,
b)	The exparte orders issued on 12th February 2018 are hereby vacated.
c)	Recognises the decision of the Arbitration Council dated 13th April 2018 as valid and binding on the parties and is in favour of het First and Second Defendants herein.
d)	The Claimant’s claim in this Court is misconceived and is hereby dismissed.
e)	The Claimant will pay the defendants’ costs of the application fixed at VT 50.000.

DATED at Port Vila this 12th day of June 2018
BY THE COURT

OLIVER.A.SAKSAK
Judge