Chani v Harbour Views Limited [2022] VUSC 36; Civil Case 807 of 2021 (15 March 2022)

IN THE SUPREME COURT OF Civil

THE REPUBLIC OF VANUATU Case No. 21/807 SC/CIVL

(Civil Jurisdiction)

BETWEEN:	Francois Chani Claimant
AND:	Harbour Views Limited First Defendant
AND:	Ocean Logistics Limited Second Defendant
AND:	Republic of Vanuatu Third Defendant

Date: 15 March 2022

Before: Justice V.M. Trief

Counsel: Claimant – Mr E. Molbaleh

First and Second Defendants – Mr N. Morrison

Third Defendant – Ms J.E. Toa

DECISION AS TO APPLICATION FOR FOURTH AND FIFTH DEFENDANTS TO BE ADDED TO THE PROCEEDING

1. The Claimant on 27 January 2022 filed Application for Fourth and Fifth Defendants to be added as parties. Despite opportunity given, the First and Second Defendants have not filed submissions in response. I now determine the Application.
   
2. The grounds for the Application are that in the event that the First and Second Defendants are bankrupt, that the Directors of those companies be added as Fourth Defendants so they will be liable for the damages sought. Additionally, that Dinh Van Tu and Loic Dinh be added as Fifth Defendants as they applied for the excavation permit.
   
3. The sworn statement of Eric Molbaleh was filed in support. It does not contain any evidence that the First and Second Defendants are bankrupt or likely to become bankrupt before judgment is given in this matter. There is no evidence therefore for the first ground of the Application.
   
4. As to the second ground of the Application, the First and Second Defendants have expressly relied on the quarry permit given: see para. 9 of the Defence filed 16 April 2021. The existence of the quarry permit not being denied, I consider that the presence of Dinh Van Tu and Loic Dinh as Fifth Defendants is not necessary to enable the Court to make a decision fairly and effectively in the proceeding: rule 3.2(1), Civil Procedure Rules. Accordingly, the second ground of the Application is rejected.
   
5. For the reasons given, the Application is declined and dismissed.
   
6. There is no order as to the costs of the Application.
   

DATED at Port Vila this 15^th day of March 2022

BY THE COURT

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Justice V.M. Trief