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Tasaruru v SSP Ltd [2021] VUSC 41; Civil Case 2899 of 2020 (12 February 2021)

DECISION

1. This is the second conference held in relation to the progress of this case.
   
2. On 19^th November 2020 the Court called the case for first conference after a Notice dated 18/11/20. No parties or counsel attended.
   
3. The Court directed the matter be adjourned to 4^th December 2020 and that the claimant file proof of service of his claimant by 27^th November 2020.
   
4. The matter did not proceed on 4^th December.
   
5. Mr Bal filed a notice of ceasing to act for the claimant on 14^th December 2020.
   
6. The matter was relisted by Notice dated 8/02/21 for 10:00am today.
   
7. Only the representative of the defendant is present. I enquired form Mr Niowenmal whether the company has had service of the claim. Mr Niowenmal said there has been no service. He only received a letter in August 2020 from Mr Bal. he said the allegations made are denied. Mr Niowenmal asked orally for an order to dismiss the claim.
   
8. I accept the request for the following reasons. First the claim was filed on 21^st October 2020. It has not been served. A claim that is not served on a defendant within 3 months is no longer of any effect. See Rule 5.3 (1) and (2).
   
9. Secondly, the claimant has filed a defective sworn statement deposed to by Lambert Maltock instead of himself.
   
10. The claims and proceeding are hereby dismissed.
    
11. There is no order as to costs.
    

DATED at Port Vila this 12th day of February, 2021.

BY THE COURT

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

Oliver Saksak

Judge