Kilman v Edwin [2011] VUSC 340; Civil Case 193 of 2010 (29 September 2011)

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

Civil Case No. 193/2010

BETWEEN:

FAMILY KILMAN
Claimant

AND:

CHIEF EDUAL EDWIN
HENSLEY OBED
LUI RONGLILI
APINATA JAMES
ELLIE METENMAL
Defendants

Conference: 29 September 2011

Before: Justice RLB Spear

Distribution: George Boar for the Claimant
Christina Thyna for the Defendants

MINUTE

1. The directions in the Minute of 5 September 2011 were quite explicit. The claimant was to apply by 9 September 2011 pursuant to Rule 3.12 for an order that a person or persons be appointed to represent the Kilman family. That application is not been made just by the filing of an amended claim specifying that the family Kilman is represented by "Walter Kilman ". Nothing can be advanced on this claim until counsel for the claimant presents the Court with a formal application under Rule 3.12 supported by a sworn statement from the person or persons seeking to have representative statues, explaining the family situation and confirming that the family wishes to be represented by him or them.

2. The matter will return for a conference before me on Thursday 27 October at 8:30 am.

3. Costs in the cause.

BY THE COURT