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Patunvanu v Federal Reserve Bank of New York [2001] VUSC 88; Civil Case 015 of 2000 (8 August 2001)

IN THE SUPREME COURT OF

THE REPUBLIC OF VANUATU

(Civil Jurisdiction)

Civil Case No. 15 of 2000

BETWEEN:

JEFF JOEL PATUNVANU

Plaintiff

AND:

FEDERAL RRAL RESERVE BANK OF NEW YORK

First Defendant

AND:

: 1"> ABDUL HAFEEZ MUHAMMED

Second Defendant

Date: 8th August, 2001 at 2.15 pm

Coram: Before Mr Justice Oliver A. Saksak

Clerk: Ms Cynthia Thomas

Counse: Dr Godson Ijs Amicus Curiae for the Plae Plaintiff

No Appearance for or by the First and Second Defendants

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JUDGMENT

The Plaintiff applies orto have final judgment ente entered in favour of the Plaintiff for the sum of VT 36,419,455.

lass="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> The Court awarded this amount in favour of the Plaintiff on 20^th November, 2000. On the face of it the Default Judgment was interlocutory in that liberty was granted to the Defendants to apply to set aside the judgment within 30 days from 20^th November, 2000. The Plaintiff submits that to the best of his belief and knowledge no such application has been or is before the Court. It is now some nine months after the liberty was granted.

Further, the Plaintiff seeks an Order for interests on the judgment sd for leave to issue execution by way of an ex-parte summons filed 1^st August, 2001. He seeks also orders to issue a writ of fieri facias, an Order to seize accounts of the First Defendant with the Reserve Bank of Vanuatu, and an Order to freeze assets and bank accounts of US Peace Corps in Vanuatu. The Plaintiff has filed an affidavit in support of his application. The Defendants have had notice of the ex-parte summons. None of them is before the Court today and it is very unfortunate. The Defendants were not before the Court on 20^th November, 2000. The First Defendant was served by substituted service after the Plaintiff had sought leave of the Court to do that.

The Plaintiff now claims an Order for interests on the jud debt at the rate of 14% compounded monthly from the date oate of judgment being 20^th November, 2000 until the judgment sum is settled in full.

In the absence of the Defendants, the application for interests to be added stands unopposed. In my judgment the Plaintiff is entitled to interests at the rate specified. Further in my judgment the Plaintiff is entitled to final judgment. His oral application is entertained today under Order 13 Rule 3 of the High Court (Civil Procedure) Rules 1964.

p class="MsoNoMsoNormal" style="margin-top: 1; margin-bottom: 1"> Accordingly, final judgment is now entered in favour of the Plai for the sum of VT 36,419,455 against the First and Second cond Defendants jointly and severally. In addition, the Defendants are ordered to pay the Plaintiff the sum of VT 36,419,455 together with interests at the rate of 14% compounded monthly from 20^th November, 2000 until the judgment sum is settled in full. The Plaintiff is granted leave to issue execution.

As for the other orders sought, they are refused.

Dated at Luganville this 8^th day of August, 2001.

BY ORDER OF THE COURT

OLIVER A. S

Judge

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