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Pakoa v Brown [2002] VUCA 13; CA 09-02 (26 April 2002)

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU
(Appellate Jurisdiction)

CIVIL APPEAL CASE No.09 of 2002

BETWEEN:

GEORGE PAKOA
Appellant

AND:

BRIAN BROWN
First Respondent

AND:
LE MERIDIEN PORT-VILA RESORT & CASINO
Second Respondent

MINUTE OF THE COURT

When this matter was mentioned in the call over list we discussed with counsel the appropriate way to deal with the outstanding issue.

The appeal was expressed as being against the striking out of the plaintiff’s Statement of Claim. It appears that this occurred mainly because of non-appearance.

This leave application to appeal to this Court is made a very long time after the event.

The real issue however is whether that cause of action should have been struck out in the absence of the appellant.

After a full discussion with the appellant’s counsel we are satisfied that the appropriate way of dealing with this matter, if it is to be progressed, is by an application to the Supreme Court for a re hearing in respect of that matter.

We are not expressing any view as to whether that is appropriate at all. There are a number of substantial hurdles in the path of the appellant, but if the matter is to proceed it should be by application in the Supreme Court.

On that basis and without prejudice, leave was granted to withdraw the application for leave to appeal.

DATED at PORT-VILA, this 26^th DAY of APRIL, 2002

BY THE COURT

J.B. ROBERTSON J