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Sugden v Republic of Vanuatu [2018] VUSC 66; Constitutional Case 05 of 2014 (11 May 2018)

IN THE SUPREME COURT Constitutional

OF THE REPUBLIC OF VANUATU Case No. 05/2014 SC/CIVIL

BETWEEN: Robert Sugden

Applicant

AND: The Republic of Vanuatu

Respondent

Date of Decision: Wednesday 11 May 2018

Before: Justice G.A. Andrée Wiltens

Counsel: Mr R Sugden for Applicant

Mr K Tari for Respondent

REVISED JUDGMENT

1. Mr Sugden has asked that I revise my judgment of 30 April 2018 utilising the Court’s inherent jurisdiction to correct errors, also known as the slip rule; and in particular to amend paragraph 28 of the judgment which read as follows:
   

“28. Mr Sugden is to pay to the Minister of Lands the lessor’s benefit of VT3,890,000.”

2. I accede to that application, as the paragraph should have stated “not of VT3,890.000, but re-calculated by commencing the start date of such lessor’s benefit from the date the legislation was passed, namely 27 February 2015.”
   
3. Mr Sugden submitted the matter was urgent as settlement of the sale of the property was due on 4 May 2018, and he was concerned the Director would not register the transfer until payment has been made. I make it plain, that until all the calculations have been completed, the Director is not in any way to delay transfer. The Director has the undertaking of Mr Sugden that sufficient funds will be retained in trust to deal with all the disputed costs associated with this matter.
   
4. Mr Sugden also seeks a stay of the orders made, pending resolution of his appeal. I grant the same, subject to him continuing to be held to his undertakings to hold sufficient funds in trust to deal with the costs associated the dispute.
   
5. The stay should not in any way affect the ability of the parties to sort out issues relating to quantum, and I direct that both sides to continue to ascertain and/or agree that.
   

Dated at Port Vila this 11th day of May 2018

BY THE COURT

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Justice G.A. Andrée Wiltens