Valele Trust v China National Overseas Engineering Corporation [2005] VUSC 50; Civil Case 020 of 2005 (7 March 2005)

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

Civil Case No. 20 of 2005

BETWEEN:

VALELE TRUST
Claimant

AND:

CHINA NATIONAL OVERSEAS ENGINEERING CORPORATION (COVEC)
Defendants

Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk

Counsel: Mr Nigel Morrsin of Counsel for the Claimant
No Appearance for the Defendant

Date: Monday 7th March 2005

SUMMARY JUDGMENT

Having heard Mr Morrison in relation to the Claimant’s application for summary judgment filed on 18^th February 2005, and having been referred ti the sworn statements of Mr Peter Colmar and its annexures, and of Counsel in relation to service dated 3^rd March 2005 filed in support of the application,

And upon being satisfied that –

1. Mr Stephens of Messrs Saling N. Stephens and Associates has ceased acting for the Defendants in this matter,
   
2. The Defendants have no sufficient defence or at all,
   

It is Ordered that –

1. There be judgment in favour of the Claimant in the sum of VT6.300.000.
   
2. The Claimant be entitled to claim interests on the principal sum.
   
3. The Claimant be entitled to costs of and incidental to the proceedings.
   
4. The sum of VT6.300.000 be paid within 72 hours from the date of this Order or be subject to suitable arrangement by the Defendants.
   

DATED at Luganville this 7^th day of March, 2005.

BY THE COURT

OLIVER A. SAKSAK
Judge