Iercet v Naliupis [2009] VUSC 5; Civil Case 176 of 2007 (11 March 2009)

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

Civil Case No. 176 of 2007

BETWEEN:

JIMMY KAVEN IERCET
Claimant

AND:

TONNY NAULIUPIS, JEROME NALIUPIS, YENNOCK NALIUPIS, SERGIO NALIUPIS and PATRICK NALIUPIS
First Defendants

AND:

AARON HANGANKON
Second Defendant

AND:

MINISTER OF LANDS, LAND RECORDS AND SURVEY
Third Defendant

AND:

THE DIRECTOR OF LANDS, LAND RECORDS AND SURVEY
Fourth Defendant

AND:

GOLDEN BEACH DEVELOPMENT LIMITED
Fifth Defendant

Coram: Justice N. R. DAWSON

Date of Hearing: 11th March, 2009
Date of Decision: 11th March, 2009

Counsel: ClaimantMr. Nalyal
1st Defendant: Mr. Morrison
2nd Defendant: Mr. Ozols
3rd Defendant: Mr. Gilu
4th Defendant: " "
5th Defendant: Mr. Ozols

DECISION

1. The Claimant in its Amended Supreme Court Claim dated 11th March, 2008 claims the following:-
   
   1. An Order that Lease title 04/1324/001, and Transfer of Lease Title 04/1324/001 be rectified by cancelling entirely registration of the Lease and Transfer of Lease.
      
   2. In the alternative, an order that the Lease be rectified by substituting the Claimants as Lessors, in place of the Minister of Lands.
      
   100. An Order that the First, Second, Third and Fifth pay damages (to be assessed) to the Claimants.
        
   4. Costs against the First, Second, Third and Fifth Defendants.
      
   5. Any other orders the Court considers just.
      
2. At the hearing it quickly became apparent that the parties were in fact not in dispute. None of the defendants oppose the first order sought by the claimant. On that basis the claimant did not wish to pursue second, third or fifth parts of their claim. The only matter left to be resolved was the fourth claim, of costs, claimed against the defendants.
   
3. This Court therefore Orders that Leasehold Title 04/1324/001 and the transfer of leasehold title 04/1324/001 be cancelled and the register rectified by the cancellation in its entirety of the registration of the said lease and the said transfer of lease.
   
4. That the amount and the liability for payment of the claimant’s costs be as agreed by the parties, or failing agreement, then by taxation by this Court.
   

Dated at Port Vila, this 11th day of March, 2009

BY THE COURT

N. R. DAWSON
Judge