PacLII Home | Databases | WorldLII | Search | Feedback

Supreme Court of Vanuatu
You are here:  PacLII >> Databases >> Supreme Court of Vanuatu >> 1999 >> [1999] VUSC 31

Database Search | Name Search | Recent Decisions | Noteup | LawCite | Help

Castelli v South Pacific Properties & Investments Ltd - Order [1999] VUSC 31; Civil Case 136 of 1996 (23 June 1999)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

Civil Jurisdiction

Civil Case No. 136 of 1996

ALIGN="CENTER">IER">IN THE MATTER OF:
A Mortgage dated 28th September, 1993

Land Leases Act [CAP 163]

BER">BETWEEN:

GIANCARLO CASTELLI AND
MITA FINCANCIAL SERVICES LTD
Plaintiff

AND:

SOUTH PACIFIC PROPERTIES AND INVESTMENTS LTD
Defendant

AND:

TONY VITA
Interested Third Party

LIGN="CENTER">OER">ORDER

PURSUANT TO THE JUDGMENT dated 23rd June, 1999

IT IS ORDERED THAT-

. The Plaintiff as Mortgagee, be empowered to Sell and Tran Transfer the Leasehold Property contained and described in Title Nos.

12/0821/027 - 028 - 029&nbs 030 - 031

- 032 - 0334 -0035

>

&nb 036739  p; -sp; - 040 040 - 00 - 041 - 042 - 043

&

- 044 - 045 - 046 - 047

- 0 0052 /

and

12/0822/046 - 047 - 048&n-&nbs9&n

<

- 051 - 053 - 054

>

&nnbs 0057 -/p>

&nbs; - p; - 05 - 059 -059 - 066 - 061 - 062

>by seans n such manner as r as it shall deem fit.

2. P>2. Pending any such Sale and Transfer ther the Plaintiffs as Mortgagees or any agents duly authorised by it in writing be empowered to enter on the said Leasehold Property and in all respect in the place and on behalf of the proprietor of the leases and to apply in reduction of the monies due and owing to the Plaintiffs all or any rent received in respect to the said property.

3. The purchase monies to arise from the Sale and Transfer of the Leasehold Property and the monies received (if any) by the Plaintiffs pending such Sale and Transfer shall be applied:

(a) Firstly in payment of the expenses occasion by the Sale and Transfer or going into and remaining in possession (as the case may be) including the costs of this application.

(b) Secondly in payment of the monies then due and owing to the Plaintiffs as Mortgagees.

(c) Thirdly in payment of subsequent registered Mortgages or encumbrances (if any) in order of their priority.

(d) Fourthly the surplus (if any) shall be paid into this Honourable Court pending further Order.

4. The Defendant pays the costs of this application to be taxed if not agreed.

DATED AT PORT-VILA, this 23rd JUNE 1999

BY THE COURT

OLIVER A. SAKSAK
Judge

PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/vu/cases/VUSC/1999/31.html