Thornburgh v Bank of South Pacific (Vanuatu) Ltd [2019] VUSC 196; Civil Case 1606 of 2019 (17 December 2019)

IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU HELD AT PORT VILA		CIVIL CASE No. 1606 OF 2019
(Civil Jurisdiction)
BETWEEN:		DANE & TIFFANY THORNBURGH Claimants
AND:		BANK SOUTH PACIFIC (VANUATU) LIMITED 300176 Defendant
		Ridgway Blake Lawyers, 1st Bank Building, Rue Emile Mercet, PORT VILA Defendant's Lawyer's Name and Address

JUDGMENT ORDERS

UPON HEARING Garry Blake counsel for the defendant, and upon considering the cross claim filed, the sworn statements of Elizabeth David and Aileen Leodoro, and noting the failure of the claimants to file any evidence, and the discontinuance of Tiffany Thornburgh’s claims, it is hereby ordered as follows:-

1. That judgment be entered for the defendant on its cross claim filed in the proceedings.
   
2. That the Claimants or anyone purporting to claim through them, or otherwise being in possession of, the Toyota Prado reg 9276 (the ‘Prado”), forthwith deliver up possession of the Prado to the Defendant, or anyone acting on the defendant’s behalf, including the Court sheriff enforcing these orders.
   
3. That the Defendant be empowered to sell the Prado by such means as it thinks fit and to apply the proceeds in reduction of the indebtedness of Thornburgh Lawyers to the Defendant.
   
4. The claimants pay the defendant’s costs of these proceedings on an indemnity basis.
   

Dated at Port Vila this 17^th day of December 2019.

BY ORDER OF THE COURT

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

Judge Saksak