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Societe Shell Pacific (Vanuatu) Ltd v Kilman [1998] VUSC 40; Civil Case 011 of 1998 (19 August 1998)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

HELD AT LUGANVILLE/SANTO

(Civil Jurisdiction)

Civil Case No.11 of 1998

BETWEEN:

SOCIETE SHELL PACIFIC (Vanuatu) LTD

Plaintiff

AND:

MR SATO KILMAN

trading as SK SHOPPING CENTRE

Defendant

JUDGEMENT IN 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 the affidavit of Service of Leirip Takal sworn and dated 19th August 1998, the Notice 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 -

(a) The Defendant has failed to file a Memorandum of Appearance within 14 days,

(b) 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 the purported Defence not having been filed amounts to no defence at all,

IT IS HEREBY ORDERED THAT -

(1) There be judgement in favour of the Plaintiff for the sum of vt2,051,920.

(2) 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) The Defendant be required to pay the Plaintiff's costs of and incidental to this Action to be taxed if not agreed.

DATED at Luganville this 19th day of August, 1998.

BY ORDER OF THE COURT

OLIVER A SAKSAK

Judge of the Supreme Court