Last Updated: April 24, 2014

Court Of Appeal Judgments

East Pine Management Limited v Tawney Assets Limited et al

Categories: 2014, Judgments, March, Territory of the Virgin Islands

BVIHCVAP2012/0035
Mitchell J.A. [Ag]
Delivered: 24/03/2014
Civil appeal – Commercial law – Agreement by two Russian dealerships to merge – Agreement to use BVI company and to apply English law – Fraudulent misrepresentation – Prediction of one dealership as to its coming year-end profitability – Failure to disclose extent of black cash payments and grey suppliers – Unreliability of Russian official company statements – Whether prediction amounting to false representation – Whether defendant knew it was false at the time it was made – Whether defendant intended claimant to act on it – Whether claimant acted on misrepresentation and suffered loss – Appeal from judge’s findings of fact

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Sylmord Trade Inc. v Inteco Beteiligungs Ag

Categories: 2014, Judgments, March, Territory of the Virgin Islands

Sylmord Trade Inc. v Inteco Beteiligungs Ag
BVIHCMAP2013/0003
Michel J.A.
Delivered: 24/03/2014
Civil appeal – Commercial law – Interlocutory appeal – Rule 13.3 of the Civil Procedure Rules 2000 – Setting aside a default judgment

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Savita Indira Salisbury V The Director Of The ONDCP

Categories: 2014, Antigua & Barbuda, Judgments, March

ANUHCVAP2012/0044
Blenman J.A.
Delivered: 21/03/2014
Civil appeal – Interlocutory appeal – Appeal against case management decision – Rule 56 of the Civil Procedure Rules 2000 – Rule 26.9 of the Civil Procedure Rules 2000 – Whether trial judge erred in striking out claim on the basis of alleged breach of the rules – Whether learned trial judge exercised his discretion properly in not utilizing his case management powers to rectify matters where there was a procedural error.

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Clive Oliveira v The Attorney General

Categories: 2014, Antigua & Barbuda, Judgments, March

ANUHCVAP2010/0047
Michel, J.A.
Delivered: 10/03/2014

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Andriy Malitskiy et al V Oledo Petroleum Ltd

Categories: 2014, Judgments, March, Territory of the Virgin Islands

BVIHCMAP2013/0006
Mitchell JA [Ag.]:
Delivered: 6/03/14
Civil appeal – Interlocutory appeal – Assessment of costs – Whether costs claimed are proportionate having regard to relevant considerations identified in the Civil Procedure Rules 2000 – Whether cost of each item was reasonable and reasonably incurred

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Che Gregory Spencer V The Director Of Public Prosecutions

Categories: 2014, February, Judgments, Saint Kitts and Nevis

SKBHCRAP 2009/013A
Blenman, J.A
Delivered: 10/2/14

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Tsoi Tin v Tan Haihong et al

Categories: 2014, February, Judgments, Territory of the Virgin Islands

Tsoi Tin v Tan Haihong et al
BVIHCMAP2013/0023
Pereira, C.J
Delivered: 5/2/2014

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Westburg Anstalt v Profitstar Anstalt

Categories: 2014, February, Judgments, Territory of the Virgin Islands

BVIHCMAP2013/0020
Pereira, CJ.
Delivered: 04/02/2014

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Yourrick Furlonge v The Queen

Categories: 2014, Antigua & Barbuda, January, Judgments

ANUHCRAP 2009/0006
Blenman, J.A.
Delivered: 27/01/2014

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Kyle David v The AG of Dominica et al

Categories: 2014, Commonwealth of Dominica, January, Judgments

DOMHCVAP2013/0004
Mitchell J.A. [Ag.]
Delivered: 21/01/2014

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Jackson Ip et al v Griffin Industries Ltd

Categories: 2013, January, Judgments, Territory of the Virgin Islands

BVIHCMAP2013/0006
Mitchell J.A. [Ag.]
Delivered: 21/01/2014

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The Prime Minister of the Commonwealth of Dominica et al v Hector John

Categories: 2014, Commonwealth of Dominica, January, Judgments

DOMHCVAP2013/0006
Pereira, C.J
Delivered: 13/01/2014
Civil Appeal – Constitutional Law – Interpretation to be given to exclusion clauses of the Constitution – Whether Court can interfere in parliamentary procedures – Whether Court can question the certificate of election of the President issued by the Speaker of the House of Assembly – General and specific provisions – Sections 22(5) and 103(1) of the Constitution of the Commonwealth of Dominica – Application of section 121(11) of the Constitution of the Commonwealth of Dominica

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Derek Cort v The Queen

Categories: 2013, December, Judgments, Territory of the Virgin Islands

BVIHCRAP2010/0004
Pereira, C.J
Delivered: 19/12/2013
Criminal appeal – Rape – Evidence of appellant’s good character raised only at sentencing stage of trial – Whether trial judge erred in failing to give jury good character direction – Whether trial judge erred in referring to previous witness statement – Whether trial judge misdirected jury on how to deal with recent complaint evidence – Whether trial judge erred in permitting Crown to adduce evidence relating to offence not included on indictment

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Fire Service Association v Public Service Commission et al

Categories: 2013, December, Judgments, Saint lucia

SLUHCVAP2010/0013
Baptiste, J.A
Delivered: 16/12/2013
Whether article 28 of the Code of Civil Procedure, Cap. 243, applies to judicial review proceedings – Limitations to protection afforded to public officers by article 28 – Whether Chief Fire Officer acted ultra vires in making recommendation to Public Service Commission to fill vacant post in Fire Service – Judicial review proceedings brought challenging appointment – Failure to give notice of suit as required by article 28

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Oliver Macdonna v Benjamin Richardson

Categories: 2013, Anguilla, Judgments, November

AXAHCVAP2005/0003
Gordon, J.A [Ag]
Delivered: 25/11/2013
Civil appeal – Application to strike – Costs – Costs to be assessed – Special circumstances – Whether Court should award costs outside of the one-tenth prescribed limit per CPR 65.11

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