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Pakoa v Vanua [2021] VUSC 198; Civil Case 904 of 2021 (23 July 2021)

IN THE SUPREME COURT OF Civil

THE REPUBLIC OF VANUATU Case No. 21/904 CVL

(Civil Jurisdiction)

BETWEEN: Ben Pakoa

Claimant

AND: Haba Thompson Vanua

Defendant

Date: 19 August 2021

Before: Justice G.A. Andrée Wiltens

Counsel: Mr B. Livo for the Claimant

No appearance for or by the Defendant

Judgment by Default

1. The Claim was filed on 29 March 2021. It was served on 28 June 2021. No response or defence has been filed or served.
   
2. As provided for by the Civil Procedure Rules, Mr Livo has applied for Judgment by Default.
   
3. Accordingly, judgment is entered against Mr Vanua in the sum of VT 1,835,000 together with interest on that sum at the rate of 5% per annum from28 June 2021 until the entire sum has been paid.
   
4. Mr Pakoa is also entitled to the costs of this proceeding, which I set at VT 45,000. That sum is to be paid within 21 days.
   
5. There will be a further conference at 8am on 23 September 2021 for Mr Vanua to advise the Court that the judgment sum has been paid or that arrangements have been entered into to enable that to occur. Alternatively, enforcement of the judgment will follow forthwith.
   
6. For that reason, a copy of this judgment must be served personally on Mr Vanua with a proof of service filed in due course.
   

Dated at Port Vila this 23rd day of July 2021

BY THE COURT

.................................................

Justice G.A. Andrée Wiltens