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Tucktat v Talivo [2022] VUSC 58; Civil Case 1510 of 2021 (13 May 2022)

IN THE SUPREME COURT OF Civil

THE REPUBLIC OF VANUATU Case No. 21/1510 SC/CIVL

(Civil Jurisdiction)

BETWEEN:
Jean Tucktat
Claimant
AND:
Vira Talivo
First Defendant
AND:
Hugo Belbong
Second Defendant
AND:
Tahe Viti
Third Defendant
AND:
Jean Rene
Fourth Defendant

Date: 13 May 2022

Before: Justice V.M. Trief

Counsel: Claimant – Mr J. Vohor

Defendants – Ms M.P. Manuariki


DEFAULT JUDGMENT – CLAIM FOR DAMAGES


WHEREAS on 12 May 2021, the Claimant filed a Claim for an amount of damages to be decided by the Court, and on 26 May 2021, filed proof of service of the Claim on the Third Defendant and on 28 May 2021, filed proof of service of the Claim on the Fourth Defendant and 20 July 2021, filed proof of service of the Claim on the First and Second Defendants AND the Defendants have not filed a Defence within the time required by the Civil Procedure Rules or the Court’s orders AND WHEREAS the Claimant has filed a Request for Default Judgment, IT IS HEREBY ORDERED:

  1. Judgment is entered for the Claimant for an amount to be determined.
  2. The Claimant is to file sworn statements as to the quantum of damages and serve together with a copy of this Default Judgment, and file proof of service, by 4pm on 31 May 2022.
  3. The Defendants are to file and serve sworn statements as to the quantum of damages by 4pm on 17 June 2022.
  4. This matter is listed for Hearing as to quantum of damages at 9am on 20 June 2022.

DATED at Port Vila this 13th day of May 2022

BY THE COURT


.................................................

Justice V.M. Trief



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