Siri v Johnny [2022] VUSC 246; Civil Case 1119 of 2021 (24 October 2022)

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

Civil Case No. 21/1119 SC/CIVL

BETWEEN:

Pacco Siri and Gloria Siri
Applicants

AND:

Andrew Walter Johnny
Respondent

Date of Conference: 24 October 2022

Before: Justice EP Goldsbrough

In attendance: Harrison, T for the Applicants
Nari, M for the Respondent

MINUTE

1. . Application to set aside default judgment.
   2. Application to re-instate claim.
      
3. Hearing of application: material in support.
   
   1. Sworn statement filed Pacco Siri 18 March 2022
      
   2. Sworn statement Pacco Siri 25 May 2022
      
      3. Sworn statement filed Pacco Siri 16 September 2022
         
      4. Sworn Statement filed Jude T. Paul 20 October 2022.
         
4. This is our application but I have not complied with 1); 2) or 4) of the Court's Minute of 9 September 2022. I would like further time to provide the material necessary to do that.
   
5. Mrs Nari says she object to adjournment. This is not legal training. They are not serious. This is the second chance and it is wrong and even then they have not complied - 9 September to 24 October. Has already been to the Master for enforcement. This should now stop and should be determined today.No evidence about what the damages are for but all of the other relief sought has been already granted because the vehicle was taken back by an earlier order and as far as we know the claimants have already sold it. We do not know what other damages are sought. We have not received the damages of 700,000 VT which were also ordered which we had claimed in our counter claim.

11. Mrs Harrison says: that we sold the vehicle. It was not sold by my clients but by his uncle and they were not a party to it. Vehicle no longer with claimant as sold out by uncle. Uncle did not give them the proceeds of sale. That is all.

14. Application to adjourn is refused.
    
15. Both application dismissed.
    
    16. Costs at VT 10,000 as requested by Mrs Nari.
        

Dated at Port Vila this 24^th day of October 2022

BY THE COURT

EP Goldsbrough
Supreme Court Judge