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Weibur v The Republic of Vanuatu [2021] VUSC 132; Constitutional Case 1872 of 2021 (10 June 2021)

IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)
Constitutional
Case No. 21/1872 SC/CNST
BETWEEN:
Bob Loughman Weibur
First Applicant
AND:
Alatoi Ishmael Kalsakau
Second Applicant
AND:
Johnny Koanapo Rasou
Third Applicant
AND;
Jay Ngwele
Fourth Applicant
AND:
James Bule
Fifth Applicant
AND:
Willie Daniel
Sixth Applicant
AND:
Willie Pakoa Satearoto
Seventh Applicant
AND:
Lenkon Tao Bruno
Eighth Applicant
AND:
Seule Simeon
Ninth Applicant
AND:
Mark Ati
Tenth Applicant
AND:
Silas Bule Melve
Eleventh Applicant
AND:
Samson Samsen
Twelfth Applicant
AND:
Edward Nalyal Molou
Thirteenth Applicant
AND:
Nakou Ianatom Natuman
Fourteenth Applicant
AND:
Leonard Joshua Pikioune
Fifteenth Applicant
AND:
Marc Muelsul
Sixteenth Applicant
AND:
Edmund Julun
Seventeen Applicant
AND:
Xavier Emanuel Harry
Eighteenth Applicant
AND:
Anthony Iaris Harry
Nineteenth Applicant
AND:
The Republic of Vanuatu
Respondent
AND:
Gracia Shadrack, Speaker of Parliament
Interested Party

Date of Conference:
10th day of June, 2021 at 10:00am
Before:
Justice Oliver Saksak
In Attendance:
Mr Robert Sugden, Mr Godden Avock and Mr Sakiusa Kalsakau for the Applicants
Mr Frederick Kilu for the Respondent
Mr Nigel Morrison and Ms Stephanie Mahuk for the Interested Party

MINUTE


  1. This case was adjourned to today (10/06/21) for a Rule 2.8 Conference.
  2. Prior to the conference being called, the Court received an application filed by Counsel for the Interested Party seeking that the Application by the Applicants be struck out in its entirety with costs.
  3. Counsel also filed written submissions in support of the application with case authorities and relevant laws.
  4. At the conference Mr Morrison informed the Court that Counsel had had previous discussions prior to attending chambers. As regards to the strike out application, the Interested Party is incompetent and it was suggested there be a short adjournment to enable Mr Gilu to brief or instruct another counsel regarding whether or not the Republic being the respondent could bring the application instead.
  5. Mr Sugden did not object but raised his clients concerns that the case should be heard as soon as possible, and proposed that the Rule 2.8 conference be adjourned to Friday 11th June. Mr Sugden also explained Mr Kalsakau’s positon in the matter.
  6. Mr Gilu welcomed the suggestion made by Mr Morrison but sought further time until Monday 14 June.
  7. Accordingly the Rule 2.8 conference is adjourned to Monday 14 June 2021 at 8:30am.
  8. Mr Gilu should advise counsel as to the positon to put them to advanced notice as to what to expect on Monday 14 June.

DATED at Port Vila this 10th day of June 2021

BY THE COURT


OLIVER.A.SAKSAK

Judge

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