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Livo v Boetara Trust [2005] VUSC 23; Civil Case 051 of 2001 (16 February 2005)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)

Civil Case No. 51 of 2001

BETWEEN:

PAUL LIVO
Claimant

AND:

BOETARA TRUST
First Defendant

AND:

DIRECTOR OF LAND RECORDS

Coram: Mr Justice Oliver A. Saksak

Mr Ronald Warsal for the Claimant
Counsel: Mr George Boar for the First Defendant
Mr Tom Joe for the Second Defendant

Date of Hearing: 16th February 2005

ORDER

Upon hearing Mr Boar in respect of an application dated 22 November 2004 that he be granted leave to act as solicitor for the First Defendant in place of Mr Bill Bani, and that accordingly he be appointed as trustee of the proceeds of sale of plots within Belbarav land subdivision and lease rentals thereof arising with Mr Ronald; and further that the Orders of the Court dated 26^th June 2002 be varied accordingly to reflect this change,

And upon there being no objection by Mr Warsal, and upon hearing Mr Joe that the Second Defendant would simply abide by any orders issued -

Now therefore it is Ordered that –

(1) Leave be and is hereby granted.

(2) Counsel to cause appropriate changes to the Order of 26^th June 2002 to reflect the change of solicitors and their appointment, and to submit to the Court for endorsement.

(3) The following directions be issued –

• (a) Mr Boar file and serve proper application and statements within 7 days from the date of this order.
  
• (b) Mr Warsal file and serve responses within 7 days thereafter.
  
• (c) Mr Boar’s Application be heard together with Mr Warsal’s Application dated 15^th February 2005 on 14^th March 2005 at 0830 hours.
  

(4) The Parties hereto have liberty to enter into useful discussions to reach consensus.

(5) Mr Bill Bani be required to hand over the First Respondent’s File to Mr Boar forthwith.

DATED at Luganville this 16^th day of February 2005

BY ORDER OF THE COURT

OLIVER A. SAKSAK
Judge.