IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)	Civil 
Case No. 23/657 SC/CIVL  	
	
 	                          BETWEEN:	Norris Kalmet
Claimant	
	AND:	Marcel Andre Brugger and Fabienne Brugger 
First Defendants	
AND:	Republic of Vanuatu
Second Defendant 
	
Date of CONFERENCE:
Date of Decision:	31st day of January, 2024 at 9:15 AM
2nd day of February 2023	
Before:	Justice Oliver Saksak	
In Attendance:	Mr James Tari for the Claimant
Mr Fleming for the First Defendants/ Applicants
Mr Freddie Bong for the Second Defendant	
DECISION

1.	I heard Mr Tari and Mr Fleming in relation to two applications to vary the Court orders dated 23rd September 2023 and for the claim to be struck out.

2.	The application to vary was filed by Mr Tari on behalf of his client, the claimant.  And the strike out application was filed by Mr Fleming.

3.	Having considered the written submissions filed by both counsel in relation to the two applications together with the oral responses made by them. I have decided that-

a)	The application to vary the consent orders issued on 23rd September 2023 be dismissed.
b)	The application to strike out the claimant’s case be dismissed.

4.	I now provide reasons. First for the application to vary the orders consented to in September 2023 by the Parties, I accept Mr Fleming’s submission in paragraph 9 of his submissions filed 4th December 2023 that to vary the orders would essentially mean the claimant would be obtaining final orders and outstanding the jurisdiction of the Court and abusing its process.

5.	For the strike out application the claim is complicated by the counter-claims of the defendants against the claimant, therefore it should not be struck out but be tried fully to determine all issues.

6.	 The further oral submissions made by Mr Fleming that the claimant’s claims were time-barred is not pleaded in the defence and is an untenable 

DATED at Port Vila this 31st day of January 2024
BY THE COURT

………………………
Hon. Oliver Saksak
Judge