Vanuatu Football Federation v Natonga [2003] VUSC 102; Civil Case 069 of 2003 (12 December 2003)

IN THE SUPREME COURT
OF THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Civil Case No. 69 of 2003

BETWEEN:

VANUATU FOOTBALL FEDERATION
Claimant

AND:

COLLIN NATONGA
T/A NATIONAL SECURITY DEBT COLLECTION SERVICE
First Defendant

Mr. Hurley for Claimant
Mr. Kabini for Defendant

REASONS FOR ENTERING SUMMARY JUDGMENT

Rule 9.6 (1) applies where a defence has been filed but the Claimant "believes that the Defendant does not have the real prospect of defending the Claimant's claim".

Rule 96 (9) states that the Court " must not give judgment against a Defendant under this rule if it is satisfied that there is a dispute between the parties about a substantial question of fact, or a difficult question of law."

The Claimant seeks summary judgment. The claim was filed on 28 April 2003, a defence was filed on 21 October 2003, a simple denial. Oral submissions were made in relation to the application for summary judgment on the basis that in accordance with the full statement there was no defence by the Defendant to the claim because the Defendant took unlawful possession of the Claimant's motor vehicle Registration No.3422 on or about 3pm on Thursday 13 March 2003 and the vehicle has not been returned to the Claimant.

The Defendant submitted that he wished to join another party and denied conversion.

The sworn statement of Jimmy Nipo dated 27 November 2003 confirmed the facts. No steps have ever been taken by the Defendant to join any Third Party. The Defendant's case is one of bare denial without any supporting evidence. There is proof of the facts. It is clear that the Defendant has no real prospect of defending the claim or any part of it. There is no dispute between the parties about a substantial question of fact or a difficult question of law. For those reasons summary judgment was entered for the Claimant against the Defendant.

The proceed was adjourned to 9am on 9 February 2004 for proof as to quantum

Dated AT PORT VILA, this 12^th Day of December 2003

BY THE COURT

P. I. TRESTON
Judge