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

class="MsoNormal" aal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Civil Jurisdiction)

Civil Case No.25 of 1998

BETWEEN:

class="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> 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 beh of the Defendants on a summons returnable this day that the Plaintiff’s statementement of claim dated 4th 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 actio took in pursuance of his claims within that time,

And satisfying myself that the Plaintiff’s claim inded on a contract or purpopurported 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 cls out of time (which is not conceded) the Plaintiff has shown that he took reasonablenable steps in pursuance of his claims within the time allowed,

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

ass="MsoNoMsoNormal" style="text-indent: -36.0pt; margin-left: 72.0pt; margin-top: 1; margin-bottom: 1">  p;&nbbsp;&nsp;&nbp;&nbp; ;&nbssp; sp; Then>The Defendants summons be dismissed.

&nbs>

(2) & p; &nsp; &nsp; ;&nbpp; &n sp; The Plai Plaintiff file and serve affidavits in rse to Defendant’s defence within 14 days from the date of this order.

(3) &nbssp; &nsp; p;&nbs; &nbs; The Defendants file file and serve affidavits in reply within a further 14 days thereafter.

>

(4) &nbssp;&nnbsp; nbsp;nbsp; &nbss;&nbbs;&nnbsp; &nsp; Tht Parcarry orry out discovery and inspectionin a further 14 days thereafter.

(5)  p;&nbbsp;&&bsp; &bsp;&bsp; &nbss;&nbbsp;& sp; There be liberty to Parties to apply for further orde 48 h notice.

(6) &nnsp;&&nsp;;&nspp;&nssp;&nsp; an>Tpe Registrar be rebe required to allocate a hearing date and notify paraccory. p class="MsoNormal" style="margin-top: 1; margin-boin-bottom:ttom: 1"> 1">

DATED at Luganville this 11th day of Septe 2001.

BY THE COURT

OLIVER A. SAKSAK

Judge


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