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Restuetune v Bill - Orders By Consent [2015] VUCA 32; CAC 14 of 2015 (23 July 2015)

IN THE COURT OF APPEAL

OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

CIVIL APPEAL CASE NO.14 of 2015

BETWEEN:

DONALD RESTUETUNE
Appellant
Indigene Lawyers

AND:

ELIE JOHN K.BILL
First Respondent
Lent Tevi & Associates

AND:

REPUBLIC OF VANUATU
Second Respondent
State Law Office

AND:

ALISTAIR MCGRILLIVRAY
Third Respondent
Ridgway Blake Lawyers

ORDERS BY CONSENT

By Consent it is ordered as follows;

1. The Judgment of Justice Saksak dated 08th April 2015 in Civil Case No. 14 of 2013 be set aside.
   
2. The Appellant, Donald Restuetune, is the declared registered lessee of lease title 03/OG52/004 as trustee for the Listair Advent Training Institute Committee (Inc).
   
3. The Second Respondent shall forthwith do all things necessary to record the Listair Advent Training Institute Committee (Inc) as registered Lessee of Leasehold title 03/OG52/004 in their own right.
   
4. The Second Respondent shall reimburse the First Respondent in the amount of VT 992,846 to be paid in installments for payments he made for his attempted acquisition of lease title 03/OG52/004.
   
5. Each party shall bear their own costs of this appeal and of the Supreme Court proceeding Civil Case no. 14 of 2013.
   

Dated this 23rd day of July 2015

______________________________
By the Court