Noal v Minister of Internal Affairs [2008] VUSC 90; Civil Case 30-06 (18 March 2008)

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

CIVIL CASE No.30 OF 2006

BETWEEN:

JACKSON NOAL
Claimant/Judgment Creditor

AND:

MINISTER OF INTERNAL AFFAIRS
First Defendant/Judgment Debtor

AND:

POLICE COMMISSIONER
Second Defendant/Judgment Debtor

Mr George Boar for the Judgment Creditor
Mr Tom Joe Botleng for the Judgment Debtors

JUDGMENT

This is an application for Enforcement Warrant filed by counsel for the Judgment Creditor on 7 February 2008.

On 6 September 2006, by consent of parties the Court issued a Consent Order in favour of the Claimant in the judgment sum of Vatu 3,500,000.

On 28 November 2007, an Enforcement Order was made for the First and Second Defendants to pay the balance of 3,000,000 by way of settlement as set out in the Enforcement Order.

The First and Second Defendants fail to pay as ordered.

The next step taken by the Claimant by counsel is the filing of an Application for Enforcement Warrant seeking Orders that:

1. The Claimant ask the Court to cease and sell through Sheriff & Police, vehicle Reg. Compol 1 & Compol 2.

2. Costs.

3. Any other order deem just by the Court.

I hear counsel's submissions. I dismiss the application as it is premature. Before the Court can do what is sought in the application an examination of the enforcement debtors under Rule 14.7 is necessary in order to ascertain the financial affairs and also as in the present case to ascertain the ownership of vehicles Reg. Compol 1 and Compol 2 through evidence.

DATED at Port-Vila this 18th day of March 2008

BY THE COURT

Vincent LUNABEK
Chief Justice