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Vanuatu Broadcasting and Television Corporation (VBTC) v Luganville Municipal Council [2009] VUSC 67; Civil Case 04 of 2009 (5 May 2009)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
HELD AT LUGANVILLE
(CIVIL JURISDICTION)

CIVIL CASE No. 04 OF 2009

BETWEEN:

VANUATU BROADCASTING AND
TELEVISION CORPORATION (VBTC)
Studio 5 North
PMB 049
Luganville, Santo
(Claimant)

Daniel K. Yawha
Pacific Lawyers
P.O. Box 1005
Port Vila.
(Claimant's Lawyer)

AND:

LUGANVILLE MUNICIPAL COUNCIL (LMC)
P O Box 232
Luganville, Santo
(Defendant)

CONSENT ORDERS

BY CONSENT of the parties herein, IT IS ORDERED that:

1. The debt amount owed by Vanuatu Broadcasting and Television Corporation (VBTC) to Luganville Municipal Council (LMC) for the monthly rent by Studio 5 North being the sum of One Million One Hundred Thousand Vatus (VT1,100,000).

2. The sum of VT1,100,000 less Three Hundred One Thousand Two Hundred Twenty Vatus (VT301,220) being for a reduction in the rental costs in exchange of a weekly LMC radio program known as "Tok Save program" on Studio 5 North airwaves every week from 13^th February 2008 to 30^th March 2009 with a balance payment to LMC in the sum of Seven Hundred Ninety Eight Thousand Two Hundred Twenty Vatus (VT798,220).

3. The sum of VT798,220 less Three Hundred Thousand Vatus (VT300,000) being for loss of income for six days claimed by VBTC to LMC with the balance payment of Four Hundred Ninety Eight Thousand Two Hundred Twenty Vatus (VT498,220) in default.

4. The remaining balance of VT498,220 represents the correct amount to be paid by Vanuatu Broadcasting and Television Corporation by way of monthly instalment of Forty One Thousand Five Hundred Eighteen Vatus (VT41,518) representing apportionment of rent in arrears in the sum of Sixteen Thousand Five Hundred Eighteen Vatus (VT16,518) plus the normal monthly instalment of Twenty Five Thousand Vatus (VT25,000) payable to Luganville Municipal Council for a duration equivalent to Twelve (12) months, the first instalment of VT41,518 by May 2009 and the last instalment by April 2010.

5. As of the month of May 2010 VBTC will resume the normal monthly rental repayment by way of instalment of VT25,000 per month and subsequently.

6. Any rental costs owing and not paid by LMC to VBTC towards the Tok Save program or any other paid services provided by the Studio 5 North as from April 2009 will be arranged between the parties from time to time for settlement where appropriate.

7. Parties are encouraged to resolve their differences by way of Alternative Dispute Resolution (ADR), the Court should be seen as the last resort.

8. The parties pay their own cost of this proceeding.

DANIEL K YAWHA

Counsel for the Claimant

LESS NAPUATI

Counsel for the Defendant

BY ORDER OF THE COURT

DATED at Luganville this day 5^th of May 2009

OLIVER SAKSAK
Judge