IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HELD AT PORT VILA
Criminal
Jurisdiction
CRIMINAL CASE No. 40 OF 1997
RER">RIEUSSECK CHANTAL
-v-
PUBLIC PROSECUTOR
Coram: Vincent Lunabek J, Acting Chief Jus/p>
Counsel: Mrs Susan B. Barlow for the Appellant
Ms Kayleen Tavoa, Acting Public Prosecutor for the Public Prosecutor
GER">GRANT OF STAY OF EXECUTION OF JUDGMENT
PENDING APPEAL
This is an application to stay the execution of a judgment of the Magistrate’s
Court date 6 June 1997 ordering the Accused/Defendant,
Mrs Rieussec Chantal to pay
compensation to a Michelle Cross the sum of VT 932,000.
No objection was made to the application for stay of execution of the said judgment.
The relevant provisions of the Rules of the Court "Blue Book". [High Court
Civil Procedures Rules].
Order 60 Rule 7
"An appeal shall not operate as a stay of execution or of proceedings under the
judgment or decision appealed from except
so far as the Magistrate’s Court or the
Court may order ; and no intermediate act or proceedings shall be invalidated,
except so
far as the Magistrate’s Court may direct."
Relevant judicial decisions referred to on the issue of stay of Execution :
- John Athel v. Edwin Spooner
, Civil Case No. 2 of 1995 Judgment of Mr Justice Rowan
Downing , (unreported).
- Alice Lopo v. Andrew Lo & Manina Packete
, Civil Case No. 1 of 1996 Judgment of
Mr Justice K. Mataskelekele (unreported) in which his Honour Judge followed the
proposition in the case of Wilson v. Church (2) 1879 vol. 12 CH. p.454. (English) to
maintain the status quo
where the situation is without prejudice to either party. The only
prejudice might be a financial one. That can be alleviated
by the Court of Appeal since
the great difficulty is to get money back and therefore, the stay of execution be
appropriate until appeal.
Having heard both Mrs Susan B. Barlow for the Defendant/Appellant and Ms Kayleen Tavoa,
for the Public Prosecutor,
Having further considered the relevant authorities referred to this Court, I am
satisfied that this case is one of the cases
where stay of execution can be granted as
there is no prejudice to either parties and I so order.
I subsequently order that the execution of the judgment in relation to civil
compensation of 932,000VT be stayed until the hearing
of the appeal and the date of the
appeal is fixed on 25 September 1997 at 9.00am o’clock in the forenoon.
DATED AT PORT-VILA, this 1st day of August 1997
BY THE COURT
VINCENT LUNABEK J
Acting Chief Justice
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