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Abet v Shefa Provincial Council [2021] VUSC 279; Civil Case 2651 of 2019 (29 October 2021)

IN THE SUPREME COURT OF Civil

THE REPUBLIC OF VANUATU Case No. 19/2651 SC/CIVL

(Civil Jurisdiction)

BETWEEN: Frederick Abet

Claimant

AND: Shefa Provincial Council

First Defendant

AND: Republic of Vanuatu

Second Defendant

Date of Trial: 24 August 2021

Before: Justice V.M. Trief

In Attendance: Claimant – Mr J.I. Kilu

First Defendant – Mr J. Tari

Second Defendant – Mr L. Huri

Date of Decision: 29 October 2021

DECISION AS TO COSTS

1. The Claimant Frederick Abet sought payment of rents and mesne profits for premises occupied at Rovo Bay, Epi island as well as damages. The Claim was opposed by both the First Defendant Shefa Provincial Council (the ‘Council’) and the Second Defendant the State.
2. I conducted a trial in this matter and then published the Judgment dated 13 Septem021.
3. I stated for the reasons given in the Judgment that I was minded to order that Mr Kilu pelly pay half of each Defendefendant’s costs of the proceeding. Therefore in accordance with r. 15.26(3) of the Civil Procedure Rules, I required Mr Kilu’s written response by 4pm on 13 October 2021 as to why half of each Defendant’s costs of the proceeding should not be personally paid by Mr Kilu.
4. Mr Kilu has not filed a written response. When followed up by my Secretary, he stated that his client was attempting to find the money to file an appeal.
5. I consider that I should decide the question of costs so that all matters can be dealt with on appeal as required.
   
6. My decision as to costs is:
   1. For the reasons given in the Judgment dated 13 September 2021, it is ordered that Mr Kilu is to personally pay half of each Defendant’s costs of the proceeding as agreed or taxed by the Master. Once set, the costs are to be paid within 28 days; and
   2. The Claimant is to pay the other half of each Defendants’ costs of the proceeding as agreed or taxed by the Master. Once set, the costs are to be paid within 28 days.
      

DATED at Port Vila this 29^th day of October 2021
BY THE COURT

.................................................
Justice Viran Molisa Trief