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Olonvari v Kuvu [2002] VUSC 75; SC 041-01 (27 October 2002)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU

(Civil Jurisdiction)
Civil Case No.41 of 2001
BETWEEN:

SIMON OLONVARI

Plaintiff
AND:

RAVU KUVU

Defendant

Coram: Before Mr Justice Oliver A. Saksak sitting in Chambers

Counsel: Mr Hillary Toa for the Plaintiff.
No Appearance for or by the Defendant.

JUDGMENT

Mr Toa makes oral application for judgment in default of appearance and defence to be entered in favour of the Plaintiff.

The Plaintiff filed his writ of summons on 10^th September 2001. The matter was first listed for conference on 12^th October 2001. The Defendant did not appear on that date although it appears from an affidavit of service of the Plaintiff that the Defendant had been served.

The Case is called for a second conference today. However there is still no appearance and no defence by or from the Defendant. It appears that he simply does not wish to bother about the case and the system. It is on this basis that the oral application for judgment in default is made. In my view the application is proper. Under Order 13 Rule 2 of the High Court Rules 1964, it suffices that an affidavit as to service is filed in support of an application. The sum claimed is VT209.350 together with interests at 4% per annum, and costs.

I therefore Order in default of appearance and defence as follows:-

1) The Defendant will pay the Plaintiff the sum of VT209.350.

2) The Defendant will pay interest on VT209.350 at the rate of 4% per annum from 30^th April 2000 to the date of judgment.

3) The Defendant will pay the Plaintiff’s costs of and incidental to this action.

DATED at Luganville this 27th day of February, 2002.

BY ORDER OF THE COURT

OLIVER A. SAKSAK

Judge