IN THE SUPREME COURT						Civil
OF THE REPUBLIC OF VANUATU					Case No. 17/2264 SC/CIVIL

BETWEEN:	Ricky and Tony Toro, representing the Toro Family 
						Claimants

AND:	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 Defendants

Date:				Wednesday, 27 June 2018 
By:				Justice G.A. Andrée Wiltens
Counsel:				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