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National Bank of Vanuatu v Wilson [2007] VUSC 24; Civil Case 78 of 2006 (20 April 2007)

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

Civil Case No. 78 of 2006

BETWEEN:

NATIONAL BANK OF VANUATU
Claimant

AND:

JOEL WILSON, SANDY WILSON & ALEN WILSON
Defendants

Mr. Kalmet for Claimant
No appearance for Defendants

JUDGMENT

Upon hearing from Mr. Kalmet, counsel for the Claimant and upon reading the sworn statements filed on behalf of the claimant this Court orders:-

1. The Claimant, as Mortgagee, be empowered to sell and transfer the leasehold property contained and described in Title Number 11/OF34/002 (the Property), by such means and in such manner as it shall deem fit;

2. Pending such sale and transfer the Claimant, as Mortgagee, or any agent or agents duly authorised by it in writing, be empowered to enter on the said leasehold Property and act in all respects in the place and on behalf of the proprietor of the lase, 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 arising from the sale and transfer of the said leasehold Property 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) 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 Defendants to pay the Claimant’s costs of and incidental to these proceedings, to be taxed if not agreed.

Dated AT PORT VILA on 20 April 2007

BY THE COURT

C. N. TUOHY
Judge