Banque d'Hawaii (Vanuatu) Ltd v Pandosy [1999] VUSC 5; Civil Case 108 of 1998 (19 February 1999)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

Civil Jurisdiction

Civil Case No. 108 of 1998

BETWEEN:

THE BANQUE d’HAWAI'I (Vanuatu) Limited
Plaintiff

ND:

JEAN CHARLES PANDOSY

Defendant

DECISION

This was a Writ of Summons by the Plaintiff seeking an order to enforce the mortgage between the Plaintiff and the Defendant for that the Defendant fail to pay up the loan repayment to the Plaintiff, which by September 1998 the total outstanding arrears were VT 7 296 523.

The matter was adjourned from November 1998 to today for hearing. Upon hearing both parties the Defendant admitted liability and seeks alternative arrangement being that he has made arrangements with another person to lease such property as of 1^st March 1999. However the Plaintiff on admission of liability seek orders to be made against the defendant and be stayed for a short period about 14 days to allow the Defendant to find any money to pay off the loan and in the event that the Defendant does not pay then it shall be executed on the said property.

The Defendant admitted liability and it is only proper that the order sought be granted.

However, for fairness on the Defendant, the order be stayed for 30 days. This order for stay of execution of the order is purely to allow the defendant to settle where possible with the Plaintiff. In the event that the defendant does not settle the outstanding amount than this order be effective as from the 20^th March 1999.

For these reasons I grant the order sought and to be stayed for execution for 30 days.

DATED AT PORT VILA this 19^th February 1999.

BY ORDER OF THE COURT

R. MARUM MBE
Judge