Toro v Operation Education Vanuatu Committee

Supreme Court

Civil
2264 of 2017
27 Jui 2018

Justice Gustaaf Andree Wiltens
Ricky and Tony Toro, representing the Toro Family
Operation Education Vanuatu Committee - First Defendant; Fred George and Family - Second Defendants; Steward Iawaila and Family - Third Defendants; Daniel Kei and Family - Fourth Defendants; Kiellie Iaipe and Family - Fifth Defendants; Maxim and Family - Sixth Defendants; David and Family; Seventh Defendants; Mata Iaput and Family - Eighth Defendants; Kawiel Monic and Family - Ninth Defendants; Iasi Niawia and Family - Tenth Defendants; Pascal Joseph and Family - Eleventh Defendants; David Reny and Family - Twelfth Defendants; Onis Ben and Family - Thirteenth Defendants; Natou Iaupa and family - Fourteenth Defendants; Charley Aklet and Family - Fifteenth Defendants; Daniel Philip and Family - Sixteenth Defendants; George Maten and Family - Seventeenth Defendants; Timo Job and family - Eighteenth Defendants; Moses Nasu and Family - Nineteenth Defendants; Arnold Jack and Family -Twentieth Defendants; Nicolsen Job and Family - Twenty-First Defendants; Job Noal and Family - Twenty-Second D
Ms M. Nari for the Claimants; Ms C. Thyna for all the Defendants

SUMMARY JUDGMENT

1. This Claim was filed on 29 August 2017. It was served on all the defendants on 30 August 2017.

2. Ms Thyna filed her appearance on 15 September 2017. There have been no further steps taken by any of the defendants, until 8 May 2018, when Ms Thyna conceded the claim. I indicated Ms Nari should file an application for Summary Judgment with a sworn statement in support, under Rule 9.2. If that was done and there was still no response, I intended to grant the application with costs of VT 100,000.

3. An Application for Summary Judgment was filed and served on 9 May 2018. A sworn statement in support was also filed and also served. Still no steps have been taken by any of the defendants.

4. Accordingly I grant the application for summary judgment and make the following orders:

- All the defendants, their families and extended relatives, associates and agents vacate former titles 869-883 within 21 days from today;

- The First Defendant is to pay damages to the Claimant in the sum of VT 1,200,000 within 30 days from today;

- The Second and Third Defendants are to pay damages to the Claimant in the sum of VT 750,000 equally and severally within 30 days from today;

- The Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth and Thirteenth Defendants are to pay damages to the Claimant in the sum of VT 600,00 equally and severally within 30 days from today;

- The Fourth, Fifteenth, Sixteenth, Seventeenth, Eighteenth, Nineteen, Twentieth, Twenty-First, and Twenty-Second Defendants are to pay damages to the Claimant in the sum of VT 750,000 equally and severally within 30 days from today; and

- All the defendants are to pay interest on the sums awarded at the rate of 5% per annum from 30 March 2016 to today.

5. The Claimants are entitled to costs at the fixed amount of VT 100,000.

Dated at Port Vila this 27th day of June 2018
BY THE COURT


………………………………………….
Justice G.A. Andrée Wiltens