Toro v Operation Education Vanuatu Committee [2018] VUSC 138; Civil Case 2264 of 2017 (27 June 2018)

IN THE SUPREME COURT Civil

OF THE REPUBLIC OF VANUATU Case No. 17/2264 SC/CIVIL

BETWEEN: Ricky and Tony Toro, representing the Toro Family

Claimants

AND: Operation Education Vanuatu Committee

First Defendant

Fred George and Family

Second Defendants

Steward Iawaila and Family

Third Defendants

Daniel Kei and Family

Fourth Defendants

Kiellie Iaipe and Family

Fifth Defendants

Maxim and Family

Sixth Defendants

David and Family

Seventh Defendants

Mata Iaput and Family

Eighth Defendants

Kawiel Monic and Family

Ninth Defendants

Iasi Niawia and Family

Tenth Defendants

Pascal Joseph and Family

Eleventh Defendants

David Reny and Family

Twelfth Defendants

Onis Ben and Family

Thirteenth Defendants

Natou Iaupa and family

Fourteenth Defendants

Charley Aklet and Family

Fifteenth Defendants

Daniel Philip and Family

Sixteenth Defendants

George Maten and Family

Seventeenth Defendants

Timo Job and family

Eighteenth Defendants

Moses Nasu and Family

Nineteenth Defendants

Arnold Jack and Family

Twentieth Defendants

Nicolsen Job and Family

Twenty-First Defendants

Job Noal and Family

Twenty-Second Defendants

Date: Wednesday, 27 June 2018

By: Justice G.A. Andrée Wiltens

Counsel: Ms M. Nari for the Claimants

Ms C. Thyna for all the Defendants

SUMMARY JUDGMENT

1. This Claim was filed on 29 August 2017. It was served on all the defendants on 30 August 2017.
   
2. Ms Thyna filed her appearance on 15 September 2017. There have been no further steps taken by any of the defendants, until 8 May 2018, when Ms Thyna conceded the claim. I indicated Ms Nari should file an application for Summary Judgment with a sworn statement in support, under Rule 9.2. If that was done and there was still no response, I intended to grant the application with costs of VT 100,000.
   
3. An Application for Summary Judgment was filed and served on 9 May 2018. A sworn statement in support was also filed and also served. Still no steps have been taken by any of the defendants.
   
4. Accordingly I grant the application for summary judgment and make the following orders:
   
   • - All the defendants, their families and extended relatives, associates and agents vacate former titles 869-883 within 21 days from today;
     
   • - The First Defendant is to pay damages to the Claimant in the sum of VT 1,200,000 within 30 days from today;
     
   • - The Second and Third Defendants are to pay damages to the Claimant in the sum of VT 750,000 equally and severally within 30 days from today;
     
   • - The Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth and Thirteenth Defendants are to pay damages to the Claimant in the sum of VT 600,00 equally and severally within 30 days from today;
     
   • - The Fourth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteen, Twentieth, Twenty-First, and Twenty-Second Defendants are to pay damages to the Claimant in the sum of VT 750,000 equally and severally within 30 days from today; and
     
   • - All the defendants are to pay interest on the sums awarded at the rate of 5% per annum from 30 March 2016 to today.
     
5. The Claimants are entitled to costs at the fixed amount of VT 100,000.
   

Dated at Port Vila this 27^th day of June 2018

BY THE COURT

.................................................

Justice G.A. Andrée Wiltens