Niva Shipping Ltd v Andrew [2001] VUSC 75; Civil Case 002 of 1999 (20 July 2001)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Civil Jurisdiction)

Civil Case No. 2 of 1999

BETWEEN:

NIVA SHIPPING LTD

Plaintiff

AND:

RICHARD ANDREW AND JEAN- MARC MASSING

First Defendants

AND:

ARMAND BATICK

Second Defendant

AND:

MIKE KALMET

Third Defendant

AND:

URBAIN TEVANU

Fourth Defendant

AND:

GILDAS PALE

Fifth Defendant

RULING

Upon hearing Mr. Jean-Marc Massing appearing in person, the Plaintiff and all the Other Defendants are not in attendance either personally or through Counsel.

And upon reading Captain Cay Jarner’s letter of 15^th June, 2001 to the Registrar of the Court,

And upon reading the reply of the Registrar to Captain Jarner’s dated 19^th June, 2001,

And Noting that there has been no positive response by Captain Jarner to assist the Court in this matter .

And satisfying myself that this case is without foundation, is frivolous and vexatious in the absence of a proper party as Plaintiff, and accordingly I so rule–

IT IS THEREFORE ORDERED THAT –

(1) These proceedings be struck off in their entirety .

(2) There be no order as to costs .

(3) The purported Plaintiff, Niva Shipping shall pay to the Registrar the sum of VT 6,000 outstanding as Filing Fee in relation to the Specially Endorsed Writ of Summons and Statement of Claim filed on 12^th February, 1999 . This payment shall be made within 14 days from the date hereof .

Dated at Luganville this 20^th day of July, 2001 .

BY ORDER OF THE COURT

OLIVER A. SAKSAK

Judge