Mouton v Selb Pacifc Ltd (Orders) [1998] VUCA 6; Civil Appeal Case 02 of 1995 (26 June 1998)

IN THE COURT OF APPEAL OF
THE REPUBLIC OF VANUATU

CIVIL JURISDICTION

Civil Appeal Case No. 02 of 1995

BETW>BETWEEN:

DANIEL MOUTON
Appellant

AND:

SELB PACIFIC LIMITED
Respon/p>

TER">

ORDERS ON THE JUDGMENT
OF THE COURT OF APPEAL

1. That the Appeal of Mr. Mouton against the Judgment on his claim and on the counterclach be allowed and the JudgmJudgment entered at trial be set aside.

2. That Judgment be entered for Mr. Mouton against Selb Pacific Limited on the claim for VT5.738.782.

3. That Judgment be extend for Selb Pacific Limited against Mr. Mouton for VT1.339.620 on the counterclaim.

4. That the Judgment on the counterclaim be set off against the judgment on the claim, and that interest run in favour of Mr. Mouton at the rate of 10% per annum on the net balance of VT4.399.162 until 2 January 1997, and thereafter at the rate of 10% per annum on VT1.564.547 (being the balance remaining due after crediting VT2.834.615 paid on 2 January 1997).

5. That the cross appeal (including the Amended cross appeal) be dismissed.

ORDERS FOR COSTS
AND ANCILLARY MATTERS AFTER FURTHER HEARING THE PARTIES

1. The previous order in respect of the costs of the trial be set aside.

2. The costs of the trial be fixed at a gross sum of VT6 million (including the costs of both the claim and counterclaim).

3. That Selb Pacific Limited pay to Mr. Mouton 60% of the costs of the trial namely VT3.6 million, together with interest on that sum at the rate of 10% per annum from 18 March 1994.

4. That the costs of the appeal including the costs of hearings in 1995, 1996, 1997 and 1998 be fixed at VT5 million and be paid by Selb Pacific Limited to Mr. Mouton together with interest from 26 June 1996 (i.e. 2 years interest) at the rate of 10% per annum.

5. That execution on the Judgment for the net balance due to Mr. Mouton on the claim and counterclaim, and under the above orders for costs be stayed for 14 days.

6. Liberty to Mr. Mouton to apply to a single Judge of this Court for orders against any person to be made personally liable for the above costs if they are not paid by Selb Pacific Limited.

7. Application orally made by counsel for Selb Pacific Limited for an order for costs against Juris Ozols in respect of the costs of the trial and/or the appeal and/or steps in the appeal dismissed.

Dated at Port Vila, this 26^th day of June 1998.

BY THE COURT

J. W. von Doussa
Daniel Fatiaki
Reggett Marum