Lo Chan Moon v Aime AMCT [1997] VUSC 4; Civil Case 001 of 1997 (25 February 1997)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LAKATORO, MALEKULA

(Civil Jurisdiction)

Civil Judgement 1 of 1997

BETWEEN:

LCM/LoChan Moon

Plaintiff

AND:

AIME AMCT

Defendant

Coram: Kalkot Mataskelekele - Judge

Nicolas Collan - Clerk

Mr Saling Stephens for the Plaintiff

Mr Raynold Liu, Public Solicitor for the defendant

JUDGEMENT

Facts

In 1989, pursuant to a verbal arrangement between the plaintiff and the defendant, the plaintiff supplied goods on credit to the defendant to sell at a store known as Robert Store, belonging to the defendant at Vao mainland. Although the defendant paid back part of the credit, he did not respond to letters of demand since last repayment was in February 1991, and his outstanding debt as at that time arrears vt1,197,102. This amount is agreed to by the defendant.

Considering the commitments of defendant and his desire to assist the court process and to settle his debt court orders.

1. To repay debt of vt1,197,102 to the plaintiff in plus 5% per annum calculated from 19 February 1991 (date of first letter of demand) ie - total of vt1,197,102 and interest of vt59,855.1 per years for 6 years ie total interest - 359,131vt. Total debt & interest vt1,556,233.

2. Repayment of debt + interest to be 10,000 vt per month to be paid within 7 days after end of month.

3. Legal costs 246,900 paid within 120 days. (30.6.97)

4. If order 3 not complied with within 60 days plaintiffs counsel may execute order against defendant.

5. If defendant fails to pay one months instalment within time stated, plaintiff may apply for execution in Santo Court of total debt of outstanding.

DATED 25th February, 1997.

BY ORDER OF COURT

KALKOT MATASKELEKELE

Judge