Bidal v Bani [2002] VUSC 71; SC 005-95 (4 October 2002)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

Criminal Case No.5 of 1995
SC File No.7 of 1995
BETWEEN:

SUSAN BIDAL

Plaintiff
AND:

VIRA BANI

Defendant

Coram: Mr Justice Oliver A. Saksak
Ms Cynthia Thomas – Clerk

Mr Willie Jack – Counsel for the Plaintiff.
The Defendant appears in person.

Date: 4th October, 2002, 10.00 a.m.

RULING

The Plaintiff applies by Notice of Motion seeking Orders that:-

(1) The Defendant pays the sum of Two Million Vatu (VT2.000.000) in full within 2 months.

(2) The Defendant pays interests on the judgment sum at the rate of 5% from the date of judgment to date.

(3) The Defendant pays the plaintiff’s costs of the Application.

The grounds for seeking these Orders are that:-

(1) The Plaintiff has a judgment in her favour dated 2^nd June, 1995 in which she was awarded VT2.000.000 as damages for injuries she sustained as a result of the Defendant’s assault on her.

(2) The Defendant has not complied with the Order of the Court despite constant requests.

(3) The Defendant has delayed payment in accordance with the Order for almost 8 years and his omission or failure amounts to a denial of justice.

(4) The Defendant has had ample time to settle the outstanding sums by instalments but has deliberately failed to do so.

(5) The Plaintiff is entitled to 5% interests under the Rules.

Upon those grounds Mr Jack submits that the Plaintiff is entitled to the Orders sought.

The Defendant appears in person without counsel. He does not deny the existence of the judgment and he does not deny liability. His reasons for not complying with the Order of the Court was that he has not been in any permanent employment since he had completed his three year jail term. His current engagement is on a part-time basis only. He tells the court that the best he can do about this debt is to negotiate for the transfer of his leasehold title to be transferred to the Plaintiff. He produces a Valuation Report dated 2^nd October, 2002 assessing the Open Market value of the property at VT4.900.000. He tells the Court that the Plaintiff has refused to accept this offer. There is nothing else that he can do and he repeats that is the best deal he can make to the Plaintiff.

I have considered submissions from both Parties. For the Plaintiff to refuse such an offer by the Defendant in the light of his current circumstances was unwise. I have no difficulty granting the Orders that she seeks but I can foresee that in the end these Orders will not place the Plaintiff in any better position than she is in today. The Orders she seeks are therefore granted as follows:-

1) The Defendant must settle the sum of VT2.000.000 by paying the Plaintiff in full within two (2) months from the date of this Order.

2) The Defendant must pay interests on the judgment sum at 5% per annum from 2^nd June 1995 to 4^th October 2002.

3) The Defendant must pay the Plaintiff’s costs of today.

DATED at Luganville this 4th day of October, 2002.

BY THE COURT

OLIVER A. SAKSAK

Judge