In re SELB Pacific Ltd [1998] VUSC 66; Company Case 076 of 1998 (6 October 1998)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

CIVIL JURISDICTION

COMPANY CASE No. 76 OF 1998

p ALIGN="CENTER">IER">IN THE MATTER OF
THE COMPANIES ACT [CAP. 191]

AND:

SELB PACIFIC LIMITED.

ORDER

Upon hearing Mr. Blake for the Selb Pacific Limited, Mr Ozols for the Petitioner, Mr Mouton and Mr Malcolm for the secured creditor, the of Hawai'i and Mr. Francoiancois in person assisted by Mrs. Jennifer Nicole.

It is hereby ordered and directed that Selb Pacific shall release the amount in vatu corresponding to Judgment sum obtained by Mouton against Selb Pacific and the outstanding of overdraft of the Bank of Hawaii held in the Trust Account of Ridgway Blake Lawyer Firm. The money be held in the trust account of Ridgway Blake lawyers pending the determinations of costs to be taxed failing agreement.

I have further considered the Notice of Motion of Mr. Francois, inter alia, for my disqualification from any further hearing of this matter except to make appropriate orders granting this application.

In my view the Notice of Motion should be strike out, on the basis that the Affidavit material filed in support of the Motion are irrelevant. Further, Mr. Francois has no standing to be substituted as creditor. The Motion is, thus, strike out.

The petition in Company Case No. 76 of 1998 is dismissed.

Upon undertaking from Selb Pacific by Counsel all previous orders be vacated.

Dated at Port Vila, this 06th day of October, 1998.

Vincent LUNABEK
Acting Chief Justice.