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National Bank of Vanuatu v Tasaruru [2005] VUSC 3; Civil Case 217 of 2004 (24 January 2005)

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

Civil Case No. 217 of 2004

BETWEEN:

NATIONAL BANK OF VANUATU
Claimant

AND:

ROBERT TASARURU
Defendant

ORDERS

AFTER CONSIDERING the Claimant’s request for Default Judgment in this matter, the Court Orders that:-

1. The Claimant, as Mortgagee, be empowered to sell and transfer the leasehold properties contained and described in title numbers 12/0911/238 and 12/0911/239, by such means and in such manner as it shall deem fit;
   
2. Pending such sale and transfer the Claimant, as Mortgagee, or any agent or agents duly authorized by it in writing, be empowered to enter on the said leasehold properties and act in all respects in the place and on behalf of the proprietor of the leases, and to apply in reduction of the monies due and owing to the Claimant all or any rent received in respect of the said properties;
   
3. The purchase monies arising from the sale and transfer of the said leasehold properties and the monies received (if any) by the Claimant pending such sale and transfer be applied;
   
   • (a) firstly, in payment of the expenses occasioned by the sale and transfer and/or going into and remaining in possession (as the case may be), including the costs of this application;
     
   • (b) secondly, in payment of the moneys then due and owing to the Claimant as Mortgagee;
     
   • (c) thirdly, in payment of subsequent registered mortgages or encumbrances (if any) in order of their priority;
     
   • (d) fourthly, the surplus (if any) shall be paid into this Honourable Court pending further order.
     
4. The Defendant pay the Claimant’s costs of and incidental to these proceedings, to be taxed if not agreed.
   

DATED at Port Vila, this 24^th day of January 2005.

H. BULU
Judge.