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Buleban v Thor [2025] VUSC 203; Enforcement Case 3096 of 2020 (31 July 2025)

DECISION

1. On 17 March 2025 I issued orders striking out the Applicant’s Urgent Application for enforcement conference on the basis that the Applicant had not complied with the orders issued to deal with the Application on an urgent basis as sought. The current application is for an extension of time to appeal the 17 March Orders. The documents filed in support are an Application to extend time to appeal and a sworn statement of the Applicant. Both documents were filed on 10 July 2025.
   
2. The grounds as set out in the application are that the Counsel had on several occasions tried to serve the respondent at his house but was not available. On some occasions when he was available, he would threaten the messenger and threaten to cut the messenger with a knife. When the respondent was finally served, he did not attend the hearing on 17 March 2025. It was also submitted that the applicant is sick and has no money. Mr Molbaleh made oral submissions without any reference to the Rules or authorities to support his application. In brief, it was submitted that the applicant is suffering from Diabetes and needs money.
   
3. It was drawn to Counsel’s attention that no medical evidence was provided and no evidence was provided of attempts to serve the respondent and the threatening with knives. Counsel responded that it was an oversight on his part.
   
4. Having heard submissions from counsel, I am not persuaded to grant the extension of time therefore the Application is refused and is hereby dismissed.
   

DATED at Port Vila this 31^st day of July, 2025
BY THE COURT

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Dudley Aru
Judge