Westpac Banking Corporation v Pilkington [2010] VUSC 214; Civil Case 76 of 2010 (19 July 2010)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(CIVIL JURISDICTION)

CIVIL CASE NO: 76 OF 2010

IN THE MATTER of a Mortgage dated 31 December 2007
over leasehold title no. 12/0913/256

IN THE MATTER of the Land Leases Act
[CAP.163], as amended

BETWEEN:

WESTPAC BANKING CORPORATION, an overseas Bank registered in Vanuatu and having its registered office situate at Westpac House, Lini Highway, Port Vila, Efate in the Republic of Vanuatu
Claimant

AND:

GREGORY PILKINGTON of P 0 Box 3383, Port Vila, Efate in the Republic of Vanuatu
Defendant

Counsel: Mark Hurley for the Claimant
Defendant in Person

ORDERS

AFTER CONSIDERING the evidence in support of the Claim, IT IS HEREBY ORDERED THAT:

1. The Claimant, as Mortgagee, be empowered to sell and transfer the leasehold property contained and described in Title Number 12/0913/256, by such means and in such manner as it shall deem fit.

2. That pending such sale and transfer the Claimant, as Mortgagee, or an agent or agents duly authorised by it in writing, be empowered to enter on the said leasehold property and act in all respects in the place and on behalf of the proprietor of the lease, and to apply in reduction of the monies due and owing to the Claimant all or any rent received in respect of the property.

3. That the purchase monies to arise from the sale and transfer of the said leasehold property and the monies received (if any) by the Claimant pending such sale and transfer shall be applied:-

(a) Firstly, in payment of the expenses occasioned by the and transfer or going into and remaining in possession (as the case may be), including the costs of this application;

(b) Secondly, in payment of the moneys then due and owing to the Plaintiff as Mortgagee;

(c) Thirdly, in payment of subsequent registered mortgages or encumbrances (if any) in order of their priority;

(d) Fourthly, the surplus (if any) shall be paid into this Honourable Court pending further order.

4. That the Defendant shall pay the costs of and incidental to this suit, to be taxed if not agreed.

DATED at Port Vila the 19^th day of July 2010.

BY ORDER OF THE COURT