Valele Trust v China National Overseas Engineering Corporation [2005] VUSC 57; Civil Case 020 of 2005 (21 April 2005)

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

Civil Case No: 20 of 2005

BETWEEN:

VALELE TRUST
Claimant

AND:

CHINESE NATIONAL OVERSEAS ENGINEERING CORPORATION
Defendant

Coram: Mr Justice Oliver A. Saksak
Mrs M. John – Clerk

Counsel: Mr Ishmael Kalsakau for the Defendant
The Claimant appears in person

Date: 21st April 2005

ORDERS

1. By consent the Parties hereto agree that:-
   
   • (a) The Orders issued and dated 21^st March 2005 by Treston, J and the Summary Judgment dated 7^th March 2005 be and are hereby vacated.
     
   • (b) The Defendants will not proceed with their intended appeal.
     
   • (c) The matter be referred back for trial on Friday 27^th May 2005 at 9 o’clock in the morning.
     
2. The following directions and orders are issued:-
   
   • (a) The Defendants will provide a written undertaking within 7 days from today that -
     
     • (i) Mr Wang Quang Ling surrenders his passport to the Court Registry in Luganville for custody until further orders of the Court.
       
     • (ii) The Defendant Company shall not sell their only utility truck pending the outcome of the case, or until further orders of the Court.
       
     • (iii) The Defendant Company shall not sell off any materials which are not subject to any Agreements pending the outcome of this case, or until further orders of the Court.
       
   • (b) The Defendants will file and serve their defences and sworn statements within 14 days from the date of this order.
     
   • (c) The Claimant will file and serve any responses within 14 days thereafter.
     
3. Costs be in the cause.
   

DATED in Luganville this 21^st day of April 2005.

BY ORDER OF THE COURT

OLIVER A. SAKSAK
Judge