Urata Shipping Ltd v Office of Maritime Regulator [2020] VUSC 94; Admiralty Case 2328 of 2018 (3 June 2020)

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

Admiralty Case No. 18/2328 SC/ADMR

BETWEEN:	Urata Shipping Limited First Claimant
AND: AND:	John Amos and Cindy Amos Second Claimants Office of Maritime Regulator First Defendant
AND:	Republic of Vanuatu Second Defendant

Coram:

Justice Aru

Counsel:

Mrs. M.G Nari for the Claimants (no-appearance) Mr. Sammy Aron for the Defendants

JUDGMENT
(orders)

1. This was a claim initially filed on 29 August 2018 against the Government. It was later amended to add the Office of the Maritime Regulator as a defendant. The claim alleges that the defendants were negligent in their duties leading to the loss of LC Urata at sea.
   
2. The matter was listed for trial on a couple of occasions but each time the trial was adjourned. The third adjournment was on 27 March 2020 adjourning the trial to 3^rd and 4^th June 2020. Late yesterday (2^nd June) a memorandum was filed by the claimant seeking to challenge some of the defendant’s evidence before the trial commenced.
   
3. When the trial commenced there was no appearance from the claimant’s counsel and no reasons were provided to the Court for her non-appearance.
   
4. The claim is therefore struck out and the defendants are entitled to costs in the sum of VT 90, 000 to be paid within 21 days.
   

DATED at Port Vila this 3^rd day of June, 2020
BY THE COURT

...........................
Dudley Aru
Judge