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Isom v Public Service Commission [2009] VUSC 40; Civil Case 216 of 2005 (25 May 2009)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Civil Case No. 216 of 2005

BETWEEN:

MR. THOMAS ISOM
Claimant

AND:

PUBLIC SERVICE COMMISSION
First Defendant

AND:

DIRECTOR GENERAL OF HEALTH
Second Defendant

Coram: Justice N. R. DAWSON

Date of Hearing: 25th May, 2009

Date of Decision: 25th May, 2009

Counsel: Claimant: Mr. S. Saling
Defendants: Mr. J. Ngwele

ORAL RULING

1. Today was set down for the trial of this matter. The Court issued a Minute on 11th March, 2009 setting today as the date for todays trial. Counsel for both parties were to advise the Court by 20th March if that date was not suitable to either party. Counsel for both parties also asked to advise the Court as to an estimated time of hearing. The Court has not received any advice as to whether today would be suitable to both parties nor as to the estimated time for the hearing of this case, until a fax was received in the Court office today from Mr. Stephens suggesting it would take up half the day. I am advised today that the Defendant intends to call a witness and that the Claimant wishes to cross-examine that witness. The Claimant has not given notice of intention to cross-examine that witness, the witness it not here, as he is in Santo at a workshop. I am now being asked by both counsel to adjourn this matter to another date.
   
2. I have pointed out to counsel in the strongest terms that this is not satisfactory. The Court has now had a day of its time wasted. It has also been pointed out to counsel that the Supreme Court has a backlog of work to do and it needs to be working on that backlog. This waste of a day today was entirely avoidable if counsel had done their job in the way that should be expected from Officers of the Court.
   
3. I am going to adjourn the hearing to ensure that it can be heard in a fair and proper manner but I am not able to advise as to a date at this stage. Counsel will be advised by the Court as to when a date will be available to have this matter heard and on that occasion both counsel will be expected to be ready and available and to have all their witnesses here. A further delay will not acceptable.
   

Dated at Port Vila, this 25th day of May, 2009

BY THE COURT

N. R. DAWSON
Judge