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National Bank of Vanuatu v Massingnale [2005] VUSC 31; Civil Case 155 of 2004 (9 March 2005)

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

Civil Case No: 155 of 2004

IN THE MATTER OF: A Mortgage dated 28th November 1995
in respect of title number 03/0I72/082

AND:

IN THE MATTER OF: The Land Leases Act [CAP 163]

BETWEEN:

NATIONAL BANK OF VANUATU
of PO Box 249, PORT VILA, Efate in the Republic of Vanuatu
Claimant

AND:

MR JEAN BAPTISTE MASSINGNALE
of PO Box 91, LUGANVILLE, Santo in the Republic of Vanuatu
Defendant

ORDERS

UPON HEARING Mr Nigel Morrison appearing for the Claimant and the Defendant appearing in person and UPON READING the Sworn Statement of Peter Henry Dundas, THE COURT ORDERS THAT:

1. the Claimant, as Mortgagee, be empowered to sell and transfer the leasehold properties contained and described in Title Number 03/OI72/082 by such means and in such manner as it shall deem fit.
   
2. pending such sale and transfer the Claimant, as Mortgagee, or an agents duly authorized by it in writing, be empowered to enter on the said leasehold properties and act in all respects in the place and on behalf of the proprietor of the lease, and to apply in reduction of the monies due and owing to the Claimant all or any rent received in respect of the said properties.
   
3. the purchase monies to arise from the sale and transfer of the said leasehold properties and the monies received (if any) by the Claimant pending such sale and transfer shall be applied:
   
   • (a) Firstly, in payment of the expenses occasioned 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 moneys then due and owing to the Claimant as Mortgagee;
     
   • (c) Fourthly, the surplus (if any) shall be paid into this Honourable Court pending further order.
     
4. the Defendant be ordered to pay the Claimant’s costs on a standard basis as taxed or agreed.
   
5. the enforcement Orders granted herein be stayed for 30 days after date of service.
   

DATED at Luganville this 9^th day of March, 2005.

BY THE COURT

OLIVER A. SAKSAK
Judge