Kaltapang v Director of Land Records [2009] VUSC 8; Civil Case 175 of 2005 (16 March 2009)

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

Civil Case No. 175 of 2005

BETWEEN:

RICHARD KALTAPANG
Claimant

AND:

DIRECTOR OF LAND RECORDS
First Defendant

AND:

FAMILY SOPE KALMATALU
Second Defendant

Coram: Justice N. R. DAWSON

Date of Hearing: 16th March, 2009
Date of Ruling: 16th March, 2009

Counsel: Claimant: No appearance (Mr. Boar) 1st Defendant: Mr. Loughman
2nd Defendant: No appearance (Mr. Hakwa)

RULING

1. This case was is the day set down for 9:00 am this morning to hear the Application to Strike Out the Supreme Court Claim by the Second Defendant. The Claimant has filed a Response to the Second Defendant’s Application to Strike Out the Supreme Court Claim. Neither the Claimant nor the Second Defendant have appeared or are represented in Court today. The only person who has had the courtesy appear is Mr. Loughman who is the counsel for the 1st Defendant. He has indicated to the Court that he does not intend to make any submissions and simply relies upon the submissions of the Second Defendant.
   
2. This matter is not been able to be proceeded with today without the appearance of the Claimant or the Second Defendant, who are the substantive litigants in this particular hearing.
   
3. I am therefore adjourning this matter to a conference to be held in chambers on 8:30 am on 20th May, 2009. If the Claimant and Second Defendants do not take steps to advance the matter by that date then the Court will be firmly considering on that date a striking out of the entire claim out pursuant to Rule 9.10 (3).
   

Dated at Port Vila, this 16th day of March, 2009

BY THE COURT

N. R. DAWSON
Judge