Club de Sanma dispute thrown out byCourt
March 19, 2026 11:07 pm | Posted in Business News | Share now TwitterFacebook
By Terence Malapa.
The Supreme Court of Vanuatu has struck out a civil claim and rejected an urgent application for restraining orders in Malcekan v Chen Jinqiu [2026] VUSC 25, ruling that the applicants lacked legal standing and had improperly brought the case before the Court.
Chief Justice Vincent Lunabek delivered the decision on 20 February 2026 after hearing applications from Bermos Malcekan, Yankee Steven and Sano Iapsen Natuman against Chen Jinqiu and Matthew Grose.
The applicants had sought restraining orders to stop the defendants from accessing and operating at the Club de Sanma premises in Luganville, Santo, and to have control of the property handed over. They argued their position was supported by a land caution and a complaint lodged with police.
However, the Court found the applicants had no legal or equitable rights over the property, relied on an unregistered caution, and failed to demonstrate any serious issue to be tried. The Court also ruled that the balance of convenience favored the first defendant, who was a bona fide purchaser of the lease, and that the application did not meet the legal test for granting interim injunctions.
In a further finding, the Court struck out the entire civil claim, which challenged a 28 May 2021 decision by the Club de Sanma board to remove the applicants. The Court ruled the matter should have been filed as a judicial review within six months, but instead was brought more than four years later as a standard civil claim.
Chief Justice Lunabek described the case as an abuse of court process, noting that counsel for the applicants was aware of the time limit but proceeded regardless. The Court found the claim fundamentally flawed and incapable of being corrected.
The Court ordered that the application for restraining orders be dismissed, the entire claim be struck out, and indemnity costs be paid by the applicants to the first defendant.
