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Kalsev v Murumo [2022] VUSC 99; Civil Case 3042 of 2021 (12 July 2022)

IN THE SUPREME COURT OF Civil

THE REPUBLIC OF VANUATU Case No. 21/3042 SC/CIVL

(Civil Jurisdiction)

Date: 12 July 2022

Before: Justice V.M. Trief

Counsel: Claimant – Mr N. Morrison

First Defendants – Mr J. Tari

Third Defendant – Mr F. Bong

DEFAULT JUDGMENT – CLAIM FOR DAMAGES

WHEREAS on 16 September 2021, the Claimant filed a Claim for an amount of damages to be decided by the Court, and on 23 September 2021, filed proof of service of the Claim on 21 September 2021 AND the Second Defendant has not filed a Defence within the time required by the Civil Procedure Rules or as ordered AND WHEREAS the Claimant has filed and served a Request for Default Judgment, IT IS HEREBY ORDERED:

1. Judgment is entered for the Claimant against the Second Defendant for an amount to be determined.
   
2. The Claimant is to serve a copy of this Default Judgment on the Second Defendant and file proof of service by 4pm on 26 July 2022.
   
3. The Claimant is to file and serve sworn statements as to the quantum of damages by 4pm on 26 August 2022.
   
4. The Second Defendant is to file and serve sworn statements as to the quantum of damages by 4pm on 26 September 2022.
   
5. The Claimant is at liberty to file and serve sworn statements in reply, and submissions, as to the quantum of damages by 4pm on 11 October 2022.
   
6. This matter is listed for Hearing as to quantum of damages at 8am on 19 October 2022.
   

DATED at Port Vila this 12^th day of July 2022

BY THE COURT

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Justice V.M. Trief