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Supreme Court of Vanuatu |
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IN THE SUPREME COURT OF
THE REPUBLIC OF VANUATU
(Civil Jurisdiction)
CIVIL CASE No.59 OF 2000
BETWEEN:
RICHARD MAMELIN,
trading as Island Timber
care of P.O. Box 290, Port-Vila, Efate, Republic of VanuatuPlaintiff
AND:
THE PORT-VILA MUNICIPAL COUNCIL,
a body corporate, established under
the Municipalities Act [CAP.126], as amended,
care of the Town Hall, Port-Vila, Efate, Republic of Vanuatu
Defendant
JUDGMENT
This is a claim of debt for services provided by the plaintiff to the defendant, the Municipality of Port-Vila.
The total bill (invoice) of the services provided which was issued in October 1999 was in Vatu 2,486,250.
On October 1999, the defendant paid half of the above sum (Vatu 1,243,125) to the plaintiff. The outstanding balance yet to be paid is Vatu 1,243,125.
The defendant withheld the balance and refused to pay it to the plaintiff at the request of the plaintiff’s brother, Jean-Yves Mamelin.
The reason being that the contract to provide certain services is not between the plaintiff and the defendant but rather between the plaintiff’s brother, Jean Yves Mamelin and the defendant. As such, it was said the defendant was not obliged to pay the balance outstanding to the plaintiff.
On 17 November, 2000 Mr. Edward Nalial of counsel applied to join Mr. Jean-Yves Mamelin as a party to the present proceedings. But Mr. Nalial advised then the Court and the parties that Mr. Jean Yves Mamelin was no longer a party to this case. In the trial before this Court, Mr. Jean-Yves Mamelin was called by the defendant as a witness.
In the course of the trial, after the plaintiff’s case, it appears clearly that the issue between the plaintiff and the defendant is an ancillary one (whether the plaintiff should pay the outstanding balance of Vatu 1,243,125 to the plaintiff or his brother, Jean Yves Mamelin).
The critical question in the substantive claim is between the plaintiff, Mr. Richard Mamelin and his brother Mr. Jean Yves Mamelin. However, since Mr. Jean Yves Mamelin is not a party to the proceedings, the trial was adjourned. I then asked both counsels to see me in Chambers
After brief discussions with both counsels, it is agreed that the defendant’s position is to be protected and on that basis, the following Orders and Directions and/or recommendations are issued:
1. That, the defendant pay the outstanding balance of Vatu 1,243,125 to the plaintiff, Mr. Richard Mamelin by three (3) installments which are set out as follows:
(a) First installment to be paid by mid-April 2001;
(b) Second installment to be paid by mid-May 2001;
(c) Third installment to be paid by mid-June 2001.
2. That the plaintiff, Mr. Richard Mamelin and his brother, Mr. Jean-Yves Mamelin are advised to settle the outstanding balance of Vatu 1,243,125 between them.
3. That, in the event that, no settlement is reached between the two brothers, then Mr. Jean Yves Mamelin is advised to file a case against the plaintiff Richard Mamelin.
4. That each party pay their own costs.
DATED at PORT-VILA, this 31st DAY of MAY, 2001
BY THE COURT
LUNABEK Vincent
Chief Justice
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