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Terrafirma Ltd v Republic of Vanuatu [2017] VUSC 226; Civil Case 44 of 2015 (8 August 2017)

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

CIVIL CASE NO 44 OF 2015

BETWEEN:

TERRAFIRMA LIMITED
Claimant

Dane Thornburgh
Thornburgh Lawyers
PO Box 1495, Port Vila, Vanuatu
Claimant's Lawyers' name and Address

AND:

THE REPUBLIC OF VANUATU
Defendant

State Law Office
PMB 9048, Port Vila, Vanuatu
Defendant's Lawyers' name and Address

JUDGMENT

1. After the Claimant completing the opening submissions of their case and calling their first witness Mr Salpietro. Counsel for the Defendant then seeking an adjournment to discuss settlement, and after being informed by both Counsel for the Claimant & Defendant that agreement has been reached;
2. Judgement reflecting the agreement is entered for the Claimant as pleaded in so far as:
   • a) The Claimant is granted relief against forfeiture pursuant to section 46(1) of the Land Leases Act [Cap 163];
   • b) A declaration that the Notice of Forfeiture dated 10 December 2014 is void and of no effect in its entirety.
   • c) A declaration that the reference to the Valuer General dated 27 February 2015 and or any reference of this matter to the Valuer General is void and of no effect in its entirety.
   • d) The Defendant pays the Claimants costs on a standard basis as agreed between the parties, failing agreement to be assessed on a standard basis

Dated the 8th day of August 2017

BY THE COURT

......................................

THE HONOURABLE CHIEF JUSTICE VINCENT LUNABECK