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Guyvet v Vocor [2012] VUSC 14; Civil Case 03 of 2012 (12 March 2012)

IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)


Civil Case No: 03 of 2012


BETWEEN:


JEAN PIERE GUYVET
Claimant


AND:


KALMER VOCOR
First Defendant


AND:


LAWRENCE ELLIOT
Second Defendant


Mr Justice Oliver A Saksak


Mr Saling Stephens for the Claimant
First Defendant in Person
No appearance by Second Defendant


JUDGMENT


  1. This matter is called for Conference today.
  2. The First Defendant accepts liability for the principal loan he obtained from the Claimant through the Second Defendant in the sum of VT 22.000.000. He takes issue with the sum of VT 5.000,000 claimed as interests.
  3. The Second Defendant has left the jurisdiction and his whereabouts is not known to either the Fist Defendant or the Claimant.
  4. Upon the First Defendant accepting liability for the principal loan of VT 22.000.000 the Claimant through Counsel advised the Court he will forego the VT 5 Million claimed as interests.
  5. The Claimant seeks judgment against the First Defendant in the sum of VT 22.000.000 to be paid by installment within 1 year or 12 months from the date of judgment.
  6. The First Defendant accepts the arrangements.
  7. Under those circumstances judgment is hereby entered in favour of the Claimant in the sum of VT 22.000.000. The First Defendant shall pay the sum of VT 22.000.000 by installment provided that the whole amount shall be paid within 12 months from the date hereof by Wednesday 13th March 2013.
  8. In the event that the First Defendant fails to comply with the Order at paragraph 7 above, the Claimant be given liberty to seek a relisting of the matter for further conference after 13th March 2013.
  9. Costs are reserved.

DATED AT LUGANVILLE this 12th day of March 2012.


BY THE COURT


OLIVER A. SAKSAK
Judge



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