Niatngel v Hiwa

Court Supreme Court

Case type Civil

Case number 3273 of 2021

Hearing date 25 May 2026

Decision date 25 May 2026

Official PDF document

Judge(s) Justice Oliver Saksak

Defendant(s) Tom Hiwa - First Defendant; The Republic of Vanuatu - Second Defendant

Claimant(s) Family Nalau Niatngel, Family Moukaih, Family Hiwa Apeng, Family Nauka Nimisa & Family Ialulu represented by Steve Dan

Counsel Mrs Mary Grace Nari for the Claimants - In absentia; Mr Philip Fiuka for the First Defendant/Applicant - In absentia; Attorney General for Second Defendant - In absentia

DECISION ON COSTS

1. Pursuant to the Reserved Judgment of this Court dated 10th February 2026 at [10] the claimants were specifically ordered to pay standard costs to the First and Second Defendants.

2. Mr Fiuka for the First Defendant filed written submissions on costs on 16th April 2026. At [7] Counsel submitted his Bill of Costs specified from Items 1-19 totaling VT 226,950, inclusive of disbursements. These are claimed as party/ party costs or standard costs.

3. The costs are based on an hourly rate of VT 15,000 per hour pursuant to the cases of Watson v Republic CC 20/3369 where costs of VT 15,000 per hour were awarded and NBV v Neirove CC 19/457 where VT 20,000 per hour were awarded.

4. It has been one month since the submissions were filed. Commonsense would dictate that a response be filed by the claimants or their legal Counsel, but they have not done so. Therefore there are no objections to the Bill of Costs submitted for taxation.

5. In my view the costs claimed are fair and reasonable and are within the range awarded in the two case authorities referred to by Mr Fiuka.

6. I therefore allow the costs of VT 226,950 as claimed by First Defendant and order that the claimants pay these costs within the next 28 days, by 22nd June 2026.

DATED at Port Vila this 25th day of May, 2026.
BY THE COURT

………………………
Hon. Justice Oliver A Saksak