Nial (trading as BNE Excavation) v James (trading as Elite Road Repair & Maintenance) [2023] VUSC 128; Civil Case 32 of 2023 (3 May 2023)

IN THE SUPREME COURT OF	Civil Case
THE REPUBLIC OF VANUATU	No. 23/32 SC/CIVL

(Civil Jurisdiction)

BETWEEN:	Anthony Nial trading as BNE Excavation Claimant
AND:	Jonas James trading as Elite Road Repair & Maintenance Defendant

Date: 3 May 2023

Before: Justice V.M. Trief

In Attendance: Claimant – in person

DEFAULT JUDGMENT (FIXED AMOUNT)

1. I declare that the Claimant is known to me.
   
2. This matter was initially numbered CC 23/126 (temporary ref). The correct case number is CC 23/32 which should be used from now on.
   
3. Having considered the Request for Default Judgment filed on 13 February 2023 and being satisfied that no response or defence has been filed within 28 days after the Claim was served on 23 January 2023, Default Judgment is entered against the Defendant as follows:
   
   1. Principal Sum claimed VT3,682,475

Plus:

2. Interest at 5% p.a. from 30.09.20 to 13.01.23 VT421,719

100. Filing fees VT20,000

Total Judgment Sum VT4,124,194 plus interest of 5% per annum until fully paid.

4. The Claimant is to serve a copy of this Default Judgment on the Defendant and file proof of service by 4pm on 17 May 2023.
   
5. This matter is listed for Conference at 1.30pm on 6 June 2023 to ensure the judgment has been executed or for the Defendant to explain how it is intended to pay the judgment debt.
   
6. The Claimant is to file and serve Application for Third Party Disclosure by 4pm on 17 May 2023.
   

DATED at Port Vila this 3^rd day of May 2023

BY THE COURT

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

Justice Viran Molisa Trief