Mamelin v Port Vila Municipal Council [2001] VUSC 51; Civil Case 059 of 2000 (31 May 2001)

IN THE SUPREME COURT OF

lass="MsoNormal" align="cen="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> THE REPUBLIC OF VANUATU

(Civil Jurisdiction)

ass="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> CIVIL CASE No.59 OF 2000

lass="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> BETWEEN:

RICHARD MAMELIN,
pan>tradinrading as Island Timber
care of P.O. Box 290, Port-Vila, Efate, Republic of Vanuatu

Plaintiff

ass="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1"> AND:

THE PORT-VILA MUNICIPAL CIL,
a body corporate, established under
the Municipalities Act [CAP.126], as amended,
care of the Town Hall, Port-Vila, Efate, Republic of Vanuatu
Defendant

JUDGMENT

p class="Mss="MsoNormal" style="margin-top: 1; margin-bottom: 1"> This is a clf debt for services provided by the plaintiff to the defendant, the Municipality of of Port-Vila.

class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> The total billoice) of the services provided which was issued in October 1999 was in Vatu 2,486,2506,250.

On October 1999, the defenda paid half of the above sum (Vatu 1,243,125) to the plaintiff. The outstanditanding ba ance yet to be paid is Vatu 1,243,125.

The defendant withheld the balance and refused to pay it to the plaintiff at the request of the plaintiff’s brother, Jean-Yves Mamelin.

The reason being that the contract to provide certain services is not between the plaintiff and the defendant but rather between the plaintiff’s brother, Jean Yves Mamelin and the defendant. As such, it was said the defendant was not obliged to pay the balance outstanding to the plaintiff.

17 November, 2000 Mr. Edward Nalial of counsel applied to d to join Mr. Jean-Yves Mamelin as a party to the present proceedings. But Mr. Nalial advised then the Court and the parties that Mr. Jean Yves Mamelin was no longer a party to this case. In the trial before this Court, Mr. Jean-Yves Mamelin was called by the defendant as a witness.

lass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> In the course o trial, after the plaintiff’s case, it appears clearly that the issue between the e plaintiff and the defendant is an ancillary one (whether the plaintiff should pay the outstanding balance of Vatu 1,243,125 to the plaintiff or his brother, Jean Yves Mamelin).

The critical question in the substantive claim is between the plaintiff, Mr. Richard Ma and his brother Mr. Mr. Jean Yves Mamelin. However, since Mr. Jean Yves Mamelin is not a party to the proceedings, the trial was adjourned. I then asked both counsels to see me in Chambers

class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> After brief discussions with both counsit is agreed that the defendant’s position is to be protectotected and on that basis, the following Orders and Directions and/or recommendations are issued:

1. &bsp; ;&nbpp; &&nsp;; &nbp; &nbp; &&nbp;; That, tat, the defendant pay the outstanding balance of Vatu 1,243,125 to the plaintiff, Mr. Richard Mamelin by three (3) installments which are set o foll/span

(a) &nnbsp;;&nspp;&nsp; &nsp; &&nbp;; / First inst installmtallment to be paid by mid-April 200pan>< (b) &nnsp;&&nsp;; sp Span>Second installment to be paid by mid-May 2001;

(c) &nbbsp; &nsp; &nbbp;&nnbp;& &nbbsp; Than>Third installment to be paid by mie 2001.

2. &nbsp &nbbp;&nnbp;& &nbbsp; &nbp; &nbp; &nbs that the plai plaintiff, Mr. Richard Mamelin and his brother, Mr. Jean-Yves Mamelin are advised to settl outsng ba of Vatu 1,243,125 between them.

3. &bsp; &nbbp;&nnbsp; &nbbsp; &nbp; &nbp; classNormal"rmal" styl style="mae="margin-left: 36.0pt; margin-top: 1; margin-bottom: 1">

4. &nnbsp; &nnbsp; &nbp; &nbp; &n p; That each parh party pay their own costs. p clasoNorstylegin-t; marottom: 1"> 0pt">

DATED at PORT-VILA, 31^st DAY of MAY, 2001

LUNABEK Vincent

Chief Justice