Westpac Banking Corporation v Brunet [2005] VUSC 2; Civil Case 237 of 2004 (24 January 2005)

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

Civil Case No. 237 of 2004

BETWEEN:

WESTPAC BANKING CORPORATION
Claimant

AND:

PIERRE JEAN-MARIE BRUNET
First Defendant

AND:

CHRISTIANE MARIE JOSETTE BRUNET
Second Defendant

ORDERS

AFTER CONSIDERING the Claimant’s request for Default Judgment, the Court Orders that:-

1. The Claimant, as Mortgagee, be empowered to sell and transfer the leasehold properties contained and described in title numbers 11/OC22/042, 11/OJ32/017, 11/OK34/006, 11/OJ32/020, 11/OJ32/021, 11/OJ32/011 and 11/OJ32/016 (“the properties”), by such means and in such manner as it shall deem fit;
   
2. Pending such sale and transfer the Claimant, as Mortgagee, or any agen or agents duly authorized by it in writing, be empowered to enter on the Properties and act in all respects in the place and on behalf of the proprietor of the leases, and to apply in reduction of the monies due and owing to the Claimant all or any rent received in respect of the said Properties;
   
3. The purchase monies arising from the sale and transfer of the Properties and the monies received (if any) by the Claimant pending such sale and transfer shall be applied;
   
   • (a) firstly, in payment of the expenses occasioned by the sale and transfer or going into and remaining in possession (as the case may be), including the costs of this application;
     
   • (b) secondly, in payment of the moneys then due and owing to the Claimant as Mortgagee;
     
   • (c) thirdly, in payment of subsequent registered mortgages or encumbrances (if any) in order of their priority;
     
   • (d) fourthly, the surplus (if any) shall be paid into this Honourable Court pending further order.
     
4. The First and Second Defendants be jointly and severally liable to pay the Claimant’s costs of and incidental to these proceedings, to be taxed if not agreed.
   

DATED at Port Vila, this 24^th day of January 2005.

H. BULU
Judge.