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Songi v White Sands Resort Ltd [2007] VUSC 3; Civil Case 197 of 2004 (13 March 2007)

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

CIVIL CASE No.197 of 2004

BETWEEN:

HELEN SONGI
Claimant

AND:

WHITE SANDS RESORT LIMITED
First Defendant

AND:

REGIS REGAULT
Second Defendant

Mr Hillary Toa for the Claimant – not present
Mr Robert Sugden for the First Defendant - present

JUDGMENT

This is an application of the Defendant to strike out the action in CC 197 of 2004.

The application is dated 18/11/2006 and filed on the same date. A sworn statement of Robert Edgar Sugden of 18 December 2006 is filed in support. A sworn statement of Lucy Dick in relation to the service of the Notice from the First Defendant to show cause under Rule 18.11(2) of the Civil Procedure Rules 2002 was filed.

The application of the First Defendant under Rule 18.11(2) was listed for hearing today at 8.00AM o’clock. The Claimant does not appear nor the Claimant’s counsel. I am satisfied that the service of the Notice from the First Defendant on the Claimant’s counsel is a proper service. I hear the application. The application is advanced on the grounds that the Claimant has persistently been in breach and remains in breach of procedural orders. Below are the particulars of breach:-

"1. An Order made on 12 May 2005 requiring the Claimant to serve the Second Defendant with the claim outside the jurisdiction. This Order had not been complied with on 17 May 2006 and has still not been complied with.

2. On 7 December 205, the Claimant failed to appear at a conference.
3. On 7 December 2005, the Claimant was ordered to pay wasted costs to the First Defendant in the sum of VT5,000 by 2 March 2005 and the Claimant has failed to comply with this Order and continues to have failed to pay the wasted costs.
4. On 17 May 2006, the Claimant was ordered to file and serve sworn statements by 14 June 2006 but breached the Order by not serving the sworn statement until 22 June 2006.
5. On 15 June 2006 the Claimant again failed to appear at a conference called for that day.
6. On 15 June 2006 the Claimant was ordered to pay the wasted costs of the First Defendant in the sum of VT5,000 by 27 July 2006 but the Claimant failed to comply with this Order and has still not paid the wasted costs.
7. On 23 November 2006, the Claimant again failed to appear at a conference and was ordered to pay the First Defendant’s wasted costs in the sum of VT5,000 by 28 February 2007."
   

There is no cause shown to the satisfaction of the Court this morning. Further, the matter is not progressing since 17 May 2006. It is well over 6 months period.

The action in CC 197 of 2004 must be struck out on the basis of the reasons referred to above.

ORDER

1. The action in CC 197 of 2004 is hereby struck out.

2. The costs are for the First Defendant, costs be agreed or taxed.

DATED at Port-Vila this 13th day of March 2007

BY THE COURT

Vincent LUNABEK
Chief Justice