Civil Case No.11 of 1998
BE:
SOCIETE SHELL PACIFIC
(Vanuatu) LTD
Plaintiff
class="MsoNoMsoNormal" align="center" style="text-align: center; margin-top: 1; margin-bottom: 1">
AND:
MR SATO KILMAN
trading as SK SHOPPING
CENTRE
Defendant
JUDGEIN DEFAULT
The Defendant not having
entered an Appearance in this matter nor having filed a Defence in the
prescribed period,
AND UPON further Hearing Mr
Saling Stephens of Counsel for the Plaintiff
AND UPON Reading ffidavit
of Service of Leirip Takal sworn and dated 19th August 1998, the Notice of
of
Hearing issued
and dated 3rd August 1998, Letters by Messrs George Vasaris
and Co. dated 17th and 18th August 1998 respectively, and the Defendant's
purported defence dated 19th August,1998 which is not filed, and the
Defendant's summons for Directions dated 19th August,
1998 which is not
filed.
AND HAVING satisfied myself
that -
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(ap; The Defendant
has
as fa failed to file a Memorandum of Appearance within 14 days,
(b) &nbssp; Asp; And further that the
Defendant has failed to file a proper Defence within the required period of
14
days after the filing of a Memorandum of Appearance,
(c) & That thp purd
ted
D Defence not having been filed amounts to no defence at all,
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IT IS HEREBY ORDERED THAT -
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bsp; There bg judt men
in
favour of the Plaintiff for the sum of vt2,051,920.
(2) p; Tsp; The Defendant be
required to pay interest on the said sum at the rate of 4% per annum from
30th April
1997 to the date of this order.
(3) & p; Tsp; The Defe Defendant be
required to pay the Plaintiff's costs of and incidental to this Action to be
taxed if not agreed.
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DATED at Luganville this 19th
day of Aug1998.