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Boar v National Bank of Vanuatu [2014] VUCA 39; Civil Appeal Case 37 of 2014 (14 November 2014)

IN THE COURT OF APPEAL OF THE REPUBLIC OF VANUATU
CIVIL APPEAL CASE No. 37 OF 2014
(Appellate Jurisdiction)

BETWEEN:

GEORGE BOAR
Appellant

AND:

NATIONAL BANK OF VANUATU
First Respondent

AND:

DE ROZA INVESTMENT GROUP LIMITED
Second Respondent

Coram: Hon. Chief Justice Lunabek
Hon. Justice Bruce Robertson
Hon. Justice Oliver Saksak
Hon. Justice Stephen Harrop
Hon. Justice John Mansfield
Hon. Justice Daniel Fatiaki

Counsel: George Boar in person
Mark Hurley and Abel Kalmet for the First Respondent
No-appearance for the Second Respondent

Date of hearing: 03 November 2014
Judgment Date: 14 November 2014

JUDGMENT

1. This is an appeal from a decision of 15 September 2014 delivered by Justice Aru in which he refused the relief sought and dismissed the application. The background and contentions are comprehensively recorded therein.
   
2. We heard and discussed the issues raised with Mr. Boar. We can find no basis to disagree with the conclusions reached, for the reasons given, by Justice Aru. Extensive submissions filed for the First Respondent confirmed the position.
   
3. The Appeal is dismissed. The Respondent is entitled to costs in the normal manner.
   

DATED at Port Vila this 14 day of November 2014.

FOR THE COURT

HON. JUSTICE B. ROBERTSON
Judge