Nicon Ltd v Light Ship Ltd [2021] VUSC 367; Civil Case 2678 of 2019 (25 March 2021)

IN THE SUPREME COURT OF Civil

THE REPUBLIC OF VANUATU Case No. 19/2678 SC/CIVL

(Civil Jurisdiction)

BETWEEN: Nicon Limited

Claimant

AND: Light Ship Limited

First Defendant

AND: Stephen Quinto and Nicola Quinto

Second Defendants

Date: 25 March 2021

Before: Justice V.M. Trief

Counsel: Claimant – Mrs C. Hamer

Defendants – Ms S. Mahuk

Mrs M.N. Ferrieux Patterson

ORDERS AS TO COSTS OF APPLICATION TO AMEND CLAIM

1. In my Judgment as to Application to Amend Claim dated 26 June 2020, I:
   
   1. granted the Claimant’s Application for Leave to Amend the Claim (the ‘Application’); and
   2. required Mrs Ferrieux Patterson’s written response (then lawyer for the First Defendant) as to why the costs of the Application should not be paid on an indemnity basis and why those costs should not be personally paid by Mrs Ferrieux Patterson.
2. Having considered Mrs Ferrieux Patterson’s submissions filed on 10 July 2020, I regard the course taken by Mrs Ferrieux Patterson as optimistic in addressing in the submissions the form only of the Application and not its substance. However, it was open to the First Defendant to file written submissions. I consider that doing so did not incur unnecessary expense for the Claimant that was not already likely given that the Claimant filed an Application for Leave to Amend the Claim. In those circumstances, I will not order that Mrs Ferrieux Patterson personally pay the Claimant’s costs of the Application.
   
3. The First Defendant is to pay the Claimant’s costs of the Application on a standard basis as agreed or taxed by the Master.
   

DATED at Port Vila this 25^th day of March 2021

BY THE COURT

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

V.M. Trief

Judge