Court rules in favour of former AVL Board, staff

The former Airport Vanuatu Limited (AVL) Board of Directors were reinstated following a Decision by the Supreme Court Judicial Review Case No.16 of 2014 handed down in Port Vila yesterday afternoon.

The Judicial Review Case was between Peter Bong First Claimant, Alan Carlot Second Claimant, Kevin Abel Third Claimant, Alan Lew Fourth Claimant and Airport Vanuatu Limited as First Defendant and Rowland Kalsong as Second Defendant.

In handing down the Supreme Court decision yesterday afternoon, Justice Oliver Saksak made the following Decision:

“Having heard the evidence from the Chairman and the Defendants on 30th and 31st October 2014, and having heard submissions from the Counsel representing the parties, and having considered all the issues raised in light of the evidence before the Court and the relevant legal provisions in the Companies Act (Cap 10), the Articles and the Memorandum of Association of the First Defendant, and the Employment Act (Cap 160) the Court has found and is satisfied that;

(a) The purported shareholders meeting held on 11th February 2014 was not a shareholders meeting;

(b) The resolutions passed at the purported shareholders meeting appointing new Boar members were made in breach of the Articles of Association and the Company Act;

© The Decisions of the Board chaired by Maxwell Maltok made on 20th March 2014 and on 2nd and 3rd July 2014 regarding the termination of the First Claimant were made in bad faith and with ulterior motives and in breaches of the Articles of Association of the First Defendant, the Companies Act and the Employment Act;

(d) The Decision of the new Board made on 24th June 2014 terminating the employment of the Second Claimant was made in bad faith and with ulterior motives and in breaches of the Articles of Association, the contract of Employment and the Employment Act;

(e) The Decision of the new Board made on 27th June 2014 terminating the Third Claimant’s employment was made in bad faith and with ulterior motives and in breach of the Articles of Association, the contract of Employment and the Employment Act;

(f) There is no evidence by the Defendants showing any resolution that the members of the previous Board chaired by Alain Lew have been removed from their positions;

(g) Any purported removal of the Board of Directors chaired Alain Lew, Fourth Claimant was made in bad faith and with ulterior motives, and in breach of the Articles of Association of the First Defendants and the Companies Act;

(h) All shareholders actions flowing from the resolutions of the purported meeting of shareholders held on 11th February 2014 or 13th February 2014 were tainted with illegality.”

Accordingly the Court decided that;

(1) Judgement be and is entered for the First, Second, Third and Fourth Claimants.

(2) An Order of Certiorari is hereby granted quashing the purported removal of the members of the Board of Directors chaired by Alain Lew as unlawful, null and void and no legal effect.

(3) An Order of Certiorari is hereby quashing the terminations of the First, Second and Third Claimants made by the new Board of Directors chaired by Maxwell Maltok on 2nd and 3rd July 2014, 24th and 27th June 2014 as unlawful, null and void and of no legal effect.

At the time of going to press, the Daily Post understood that the former Board of Directors of the AVL with its Chairman Alain Lew, were making arrangements in line with the court decision to regain their positions as the Board of Directors of the Airports Vanuatu Limited yesterday afternoon.