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Vanuatu National Provident Fund v Medic International Ltd [2002] VUSC 30; Civil Case 116 of 2000 (20 May 2002)

IN THE SUPREME COURT

OF THE REPUBLIC OF VANUATU

(Civil Jurisdiction)

Civil Case No. 116 of 2000

BETWEEN:

VANUATU NATIONAL PROVIDENT FUND BOARD

Plaintiff

AND:

MEDIC INTERNATIONAL LIMITED

Defendant

ORDER

UPON hearing Mrs Tepai for the plaintiffs there being no appearance by or for the defendants it is hereby Ordered that:-

1. The plaintiffs, in conjunction with the Sheriff, are empowered to sell all goods seized from the premises leased to the defendants when the said premises were recovered from the defendants on 5^th September 2000.

2. The said goods are to be disposed of by public sale and the best reasonable price obtained.

3. A list of all goods sold and the price paid is be kept.

4. The plaintiffs are to send emails by 3 p.m on 22^nd May to the two known email addresses of Pastor Roland Jones informing him that unless civil proceedings claiming any goods seized are filed and served by 3 p.m. on 5 June 2002 the plaintiffs will be empowered to sell all the seized goods.

5. The plaintiffs shall file an affidavit by 10^th June at 3 p.m. setting out the following:-

(a) by exhibit, a list of all goods held,

(b) that as far as the plaintiffs are aware there are no outstanding claims upon any of the goods seized save that of Pastor Roland Jones,

(c) stating that the only contact received from Doctor Evans and Pastor Roland Jones was from two email addresses of the latter and stating those addresses,

(d) Stating that the contents of paragraph 4 of the Order of 20^th May 2002 have been sent to both the said email addresses and stating if any reply has been received and, if so, its contents.

6. This Order is stayed until 13^th June at 3 p.m.

7. There will be a further conference on 13^th June at 8.a.m.

8. Costs are in the cause of the execution.

Dated at Port Vila this 20^th May 2002.

BY THE COURT

R.J. COVENTRY

Judge