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The Supreme Court has dismissed a long-running claim brought by Simeon Poilapa, representing the Family Mariki Langa Ni-Vatelapa, against Mele Trustees Limited (MTL) over alleged trust monies from leasehold dealings on Malawora land at Mele village on Efate. The decision was delivered on October 17, 2025, by Judge Viran Molisa Trief. The case involved two consolidated proceedings (CC 19/2053 and CC 22/1131) in which the claimant family sought payment of trust monies allegedly held by MTL. They argued that MTL, as trustee appointed under section 8 of the Land Reform Act, had received consent fees and land rents on their behalf following the family’s declaration as custom owners of Malawora land. During the trial, held on 26 November 2024, only the claimant appeared through counsel Mr P. Fiuka. The defendant company, MTL, failed to attend despite proof of service on its directors. Justice Trief therefore proceeded in the defendant’s absence, noting that MTL’s lawyers had ceased acting in November 2023 and no new counsel was appointed. The claimant family alleged that MTL collected lease payments and failed to release over VT19 million in trust funds, having only paid VT200,000 in 2018. They sought payment of the outstanding amounts, damages, interest, and costs. MTL’s earlier defence denied receiving such funds, claiming it had only collected VT1,050,000 in management fees and that it had previously repaid a VT900,000 bank loan on behalf of the claimant family. Judge Trief reviewed extensive documentation submitted by the claimant, including lease titles and letters of demand sent to MTL. However, she found there was no documentary proof showing that the registered lessor of the leases had changed from MTL to the claimant family. Without that evidence, the Court ruled that the family failed to prove their entitlement to the monies allegedly held in trust. Because the claimant could not establish that it was the registered lessor of the leases, the Court did not proceed to consider issues relating to trust monies, VAT deductions, or damages. The Court also found no evidence supporting MTL’s alleged repayment of the ANZ Bank loan or any other financial offsets claimed. Judge Trief concluded that the claimant family had not proved its case on the balance of probabilities. The claim was dismissed, and the Court ordered the claimant to pay the defendant’s legal costs, to be agreed or taxed by the Master and paid within 28 days of assessment. The judgment brings an end to the family’s bid to recover funds they claimed were held in trust by MTL in relation to numerous lease titles within Malawora land.
