ANZ Bank (Vanuatu) Ltd v Malere [1999] VUSC 22; Civil Case 016 of 1998 (26 April 1999)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

Civil Jurisdiction

Civil Case No. 16 of 1998

IN THE MATTER
of a Mortgage dated the 30^th day of July 1995

AND

IN THE MATTER
of the Land Leases Act 1983 [cap 163]

BETWEEN:

ANZ (VANUATU) LIMITED
Plaintiff

AND:

AIME CLAUDE MALERE
and KANISI MALERE
Defendants

ORDER

1. Order made in accordance with paragraph 1, 2 & 3 of the Originating Summons files herein:

a) Paragraph 1-that the Plaintiff, as Mortgagee, be empowered to sell and transfer the leasehold property contained and described in Title Number 11/OB24/033 by such means and in such manner as it shall deem fit.

b) Paragraph 2-that pending such sale and transfer the Plaintiff, as Mortgagee, or any agent or agents duly authorized by it in writing, be empowered to enter on the said leasehold property and act in all respects in the place and on behalf of the proprietor of the lease.

c) Paragraph 3-That the purchase monies to arise from the sale and transfer of the said leasehold property and the monies received (if any) by the Plaintiff pending such sale and transfer shall be applied:

i) Firstly, in payment of the expenses occasioned by the sale and transfer or going into and remaining in possession (as the case may be), including the costs of this application;

ii) Secondly, in payment of the moneys then due and owing to the Plaintiff as Mortgagee;

iii) Thirdly, in payment of subsequent registered mortgages or encumbrances (if any) in order of their priority;

iv) Fourthly, the surplus (if any) shall be paid into this Honourable Court pending further order.

2. Orders 1, 2 & 3 be stayed for a period of one month from today.

3. At the expiry of the aforesaid one-month period, if the defendant has not paid all outstanding amounts on the account to the plaintiff the Orders 1, 2 & 3 will come into effect.

4. The Defendant to pay the plaintiff’s costs to be agreed on if not then they will have to be taxed.

DATED AT PORT-VILA, this 26^th DAY of APRIL 1999

BY THE COURT

REGGETT MARUM MBE
Judge