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Hamilton v Kalmet [2007] VUSC 4; Civil Case 232 of 2006 (16 March 2007)

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

CIVIL CASE No.232 of 2006

BETWEEN:

CHRISTINE HAMILTON
First Claimant

AND:

MICHAEL HUGH BROOKING HAMILTON
Second Claimant

AND:

DAVID KALMET
First Defendant

AND:

AUGUSTINE KALMET
Second Defendant

AND:

WANO KAMELEO KALMET
Third Defendant

AND:

STEVEN KALMET
Fourth Defendant

Mrs Marie Noelle Ferrieux Patterson for the Claimants
Mr Edward Nalial for the Defendants

JUDGMENT

This is an application dated 2 March 2007 on behalf of the Claimants against the Defendants for contempt of Court Orders.

On 15 December 2006, upon application of the Claimants, the Court issued among others matters, Interim restraining orders against all the above named Defendants in that:

"1. THAT, all the Defendants, their families, their agents, employees be hereby restrained from approaching, insulting or harassing the Claimants, their children, their agents, employees or tenants;

2. THAT, all the Defendants, their families, their agents, employees be restrained from entering the land on the lease No.12/0844/018 (hereinafter called "The Property") belonging to the Claimants on Vale Vale Beach in Pango from taking possession of the house on the Property and from damaging anything on the property..."

The Claimants filed six (6) sworn statements in support of the application.

The applicants say that they seek contempt proceedings especially against the following Defendants: David Kalmet (First Defendant), Steven Kalmet (Fourth Defendant), Ephraim Kalmet (Fifth Defendant) and Manasseh Kalmet (Sixth Defendant).

Mr Edward Nalial informed the Court that the First Defendant, David Kalmet is a disabled Defendant. His is in a wheel chair. He is not in Court. The Fourth Defendant, Steven Kalmet, is not in Court as he is attending a sick member of his family at Erakor Village.

The Fifth and Sixth Defendants, Ephraim Kalmet and Manasseh Kalmet are in Court.

The Defendants Ephraim Kalmet and Manasseh Kalmet are called in the defence dock.

Counsel for the Defendants then informed the Court that the two Defendants Ephraim Kalmet and Manasseh Kalmet accept and admit that they breached the Court Orders of 15 December 2006.

Defendant, Manasseh Kalmet, apologizes to the Court for his breach and tells the Court that he will not breach the Court Orders again. He gives his explanation as to why he breaches the Court Orders. It is apparent that he misapprehends the meaning of the Court Orders of 15 December 2006.

Defendant, Ephraim Kalmet, apologizes to the Court for his breach and tells the Court that he will not breach the Court Orders again.

The Court accepts the apologies of the Defendant s: Manasseh Kalmet and Ephraim Kalmet.

The Defendants seem to think that the Court issued an Order to prevent the Claimants from erecting a fence on their property title No.12/0844/018 (Claimants’). The Court explained and clarified to the Defendants and the Claimants that there is no Order to this effect. The Defendants and the Claimants understand the position. The Defendants: Ephraim Kalmet and Manasseh Kalmet are then released.

The Court then makes the following Orders:-

1. That, the application for contempt of Court Orders dated 2 March 2006 is adjourned in respect to the Defendants: David Kalmet (First Defendant) and Steven Kalmet (Fourth Defendant) to 24 April 2007 at 2.00PM o’clock.

2. Counsel for the Defendants is required to get instructions from the First Defendant, David Kalmet.

3. The Defendant Steven Kalmet must attend the Supreme Court on 24 April 2007 at 2.00PM to be dealt with as to the contempt of Court Orders.

4. The costs of the application are reserved.

5. The conference in the substantive claim in CC 232 of 2006 is set for hearing on 18 April 2007 at 8.30AM o’clock.

DATED at Port-Vila this 16th day of March 2007

BY THE COURT

Vincent LUNABEK
Chief Justice