	Home \| Databases \| WorldLII \| Search \| Feedback Supreme Court of Vanuatu

Home | Databases | WorldLII | Search | Feedback

Supreme Court of Vanuatu

You are here: PacLII >> Databases >> Supreme Court of Vanuatu >> 2001 >> [2001] VUSC 100

Daniel v Government of the Republic of Vanuatu [2001] VUSC 100; Civil Case 025 of 1998 (11 September 2001)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Civil Jurisdiction)

Civil Case No.25 of 1998

BETWEEN:

JOELLY DANIEL

Plaintiff

AND:

THE GOVERNMENT

First Defendant

AND:

THE COMMISSIONER OF POLICE

Second Defendant

RULING

Upon hearing Mr Tom Joe of the State Law Office on behalf of the Defendants on a summons returnable this day that the Plaintiff’s statement of claim dated 4^th May, 2001 be struck out on the grounds that it is lodged outside of the three year period provided in section 20 of the Employment Act [CAP.160],

And upon hearing Mr Hillary Toa for the Plaintiff and upon the Plaintiff’s oral evidence giving the reasons for not filing his claim within the time required and showing the various steps and actions he took in pursuance of his claims within that time,

And satisfying myself that the Plaintiff’s claim is founded on a contract or purported agreement with the Defendants, and that under section 3of the Limitations Act, the period allowed for such actions to be taken is six (6) years, and that the Limitations Act is an Act of general application,

And further that even if the Plaintiff’s claim is out of time (which is not conceded) the Plaintiff has shown that he took reasonable steps in pursuance of his claims within the time allowed,

And accepting the Plaintiffs evidence, now therefore it is Directed and Ordered that –

(1) The Defendants summons be dismissed.

(2) The Plaintiff file and serve affidavits in response to the Defendant’s defence within 14 days from the date of this order.

(3) The Defendants file and serve affidavits in reply within a further 14 days thereafter.

(4) The Parties carry out discovery and inspection within a further 14 days thereafter.

(5) There be liberty to Parties to apply for further orders on 48 hours notice.

(6) The Registrar be required to allocate a hearing date and notify parties accordingly.

DATED at Luganville this 11^th day of September, 2001.

BY THE COURT

OLIVER A. SAKSAK

Judge

PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/vu/cases/VUSC/2001/100.html