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Kalmet v William [2005] VUSC 32; Civil Case 009 of 2004 (14 March 2005)

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


Civil Case No. 9 of 2004


BETWEEN:


MICHAEL KALMET
Claimant


AND:


EZRA WILLIAM
Defendant


Coram: Mr Justice Oliver A. Saksak
Mrs Anita Vinabit – Clerk


Mr Michael Kalmet in person
Counsel: Mr Richard Kalses for the Defendant


Date: 11th March 2005


ORDER


Upon hearing the Claimant in person and Mr Kalses for the Defendant,


It is Ordered that –


(1) The Defendant surrender his Toyota Hi-Lux Registration No. 5088 forthwith. The keys and the vehicle shall be held in the custody of the Court pending preparation of appropriate document of transfer by counsel for the Defendant.

(2) Counsel for the Defendant be required to prepare documents in relation to the transfer of ownership of the vehicle from the Defendant to the Claimant within 7 days from the date of this Order. The transfer shall include the current valid insurance policy (Third Party) the current valid Business Licence and all such other documents in relation to road tax and other fees and taxes paid in relation to the vehicle by the Defendant.

(3) Upon signing of the necessary transfer documents, the Claimant have liberty to collect the keys and the vehicle from the Registry of the Court.

(4) The Defendant will pay the Claimant’s Costs in relation to this matter fixed at VT50,000 payable within 28 days from the date of this Order.

PUBLISHED at Luganville this 14th day of March, 2005.


BY ORDER OF THE COURT


OLIVER A. SAKSAK
Judge


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