Court blocks adjustments to Port Vila water tariffs

The Supreme Court has decided that no adjustments be made to water tariffs set by the water utility for Port Vila, UNELCO.

On November 6, 2015 UNELCO (the Claimant) filed an urgent application in the Supreme Court of Vanuatu for judicial review of the Final Decision and Commission Order (Case U-0022-14) in the matter ‘reviewing water tariffs for UNELCO in Port Vila’ (Final Order) dated September 18, 2015. The case was heard by Justice Oliver Saksak.

Counsels Mark Hurley represented the Claimant/Applicant, Kent Tari for the First Defendant and Dane Thornburgh for the Second Defendant/Respondent.

The State Law Office on behalf of the Republic of Vanuatu has written to the media including the Daily Post to inform them of the decision of the Court.

The Court has delivered its decision allowing the application and decided that the First Respondent (the Republic of Vanuatu) and the Second Respondent (the Utilities Regularity Authority) be strained from: I. taking any steps to implement the Final Decision or seeking to compel the Applicant to implement the Final Decision; II. taking any steps to pursue the Applicant for failure to implement the Final Decision; and III. to make any public announcements regarding the Final Decision (or its implementation).

The Court further directed that the First Respondent be required to issue a media release (already done by the State Law Office) in accordance with its standard practice advising that the Final Decision (as published in the Gazette) is subject to Judicial Review proceedings and adjustments to water tariff (if any) will not take effect until the proceedings is complete.

The First and Second Defendants were required to file and serve their defenses within 7 days, by November 20, 2015 for a full hearing scheduled for yesterday, Thursday, November 26, 2015 at 10 a.m.