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Court Of Appeal Judgments

Marie Makhoul v Cicely Foster et al

Claim NO. ANUHCVAP2009/0014
Pereira C.J.
Delivered: 23/02/2015

Hon Mark Brantley et al v Constituency Boundaries et al

SKBHCVAP2015/0003
Baptiste, Michel, Thom J.A.
Delivered: 05/02/2015

Patrick Smith v Heirs of Camselle St Catherine

SLUHCVAP 2013/0006
Michel, JA
Delivered: 29/01/2015
Civil appeal – Default judgment – Fixed date claim – Res judicata – Sale of property – Improbation of deed of sale and declaration of succession – Application for default judgment made on fixed date claim – Entry of default judgment on fixed date claims prohibited by CPR 12.2(b) – Nature of resulting order – Whether order liable to be set aside in whole or in part by judge of co-ordinate jurisdiction – Whether learned trial judge erred in holding that order made on default judgment application was final order – Whether order created estoppel against further litigation of issues surrounding validity of deed of sale to appellant of subject property – Whether doctrine of res judicata can bind non-party – Article 1171 of Civil Code of Saint Lucia

Mable Phillips v Corrine Clara

Categories: 2015, Grenada, January, Judgments

GDAHCVAP 2014/0023
Pereira, CJ
Delivered: 27/01/2015
Interlocutory appeal – Whether learned judge erred in striking out portions of witness statement – Hearsay – Section 36E of the Evidence Act – Whether learned judge erred in dismissing application for issue of witness summons – Part 33 of the Civil Procedure Rules 2000

Franciscus Vingehoedt v Stanford International Bank Ltd

ANUHCVAP 2014/0030
Pereira, C.J.
Delivered: 26/01/2015
Civil appeal – Hearsay evidence – Whether the learned trial judge erred in admitting transcript into proceedings – Whether the trial judge admitted hearsay evidence under section 29 of the Evidence (Special Provisions) Act, 2009

1st National Bank St Lucia v St. Honore de Sainte Lucie Ltd

SLUHCVAP2013/0030
Webster J.A. [Ag.]
Delivered: 15/01/2015
Civil appeal – Judicial hypothec – Receivership – Sale of property – Companies Act – Civil Code – Code of Civil Procedure – Loans obtained by respondent from appellant and another bank secured by property owned by respondent – Judicial hypothecs registered by both banks – Whether appellant as junior creditor could be overreached – Whether learned judge erred in his interpretation and application of receiver’s powers under mortgage debenture and the Companies Act – Whether learned judge erred in cancelling appellant’s registered judicial hypothec under article 2028 of the Civil Code and authorising private sale of property by receiver under s. 287(4) of the Companies Act

Attorney General of St. Christopher and Nevis v Angela Jasmine Inniss

CIVIL APPEAL NO. 68 of 2000
Redhead, J.A.
Delivered: 14/01/2002

AXA – Brilla Capital Investment Master Fund SPC Ltd et al v LIR Ltd

Categories: 2015, Anguilla, January, Judgments

Claim No. AXAHCVAP2013/0010
Michel J.A.
Delivered: 12/01/2015

Wang Zhongyong et al v Union Zone Management Ltd et al

BVIHCMAP2013/0024
Farara, J.A. [Ag]
Delivered: 12/01/2015
Commercial appeal – Winding up of company – Appointment of liquidators of a company on just and equitable ground – Whether common intention or understanding among shareholders leading to quasi-partnership was formed –Whether sole or main purpose of company failed – Section 162 of the Insolvency Act, 2003 – Section 184I of the BVI Business Companies Act, 2004

Verolina George v Agnes Richardson et al

Categories: 2015, Grenada, January, Judgments

GDAHCVAP2014/0027
Pereira CJ.
Delivered: 07/01/2015

Brilla Capital Investment … et al v John Greenwood et al

Categories: 2014, Anguilla, Judgments, November

AXAHCVAP 2013/0007
Webster, JA [Ag]
Delivered: 24/11/2014
Civil appeal – Interlocutory appeal – Removal of liquidator – Whether master erred in refusing application to give directions to a liquidator/remove a liquidator – Test for removal of liquidator – Section 10 of Aliens Land Holding Regulation Act

George Allert et al v Joshua Matheson et al

Categories: 2014, Grenada, Judgments, November

GDAHCVAP 2014/0007
Blenman, JA
Delivered: 24/11/2014
Civil appeal – Interlocutory appeal – Amendment to statement of case after the first date fixed for the case management conference without leave of the court – Application to strike out – Appeal against judge’s case management discretion – Whether the learned judge erred in the exercise of the case management discretion in refusing to strike out an amended defence and counterclaim – Rules 20.1 and 20.2 of the Civil Procedure 2000

Stuart Lockhart v Caribbean Development (Antigua) Ltd et al

Claim No. ANUHCV2011/0721
Cottle, J
Delivered: 13/11/2014

The Attorney General of Saint Lucia v Kaim Sexius

SLUHCVAP 2012/0034
Blenman, JA
Delivered: 27/10/2014

Denys Barrow v The Attorney General of Saint Lucia

SLUHCVAP 2013/0001
Kentish-Egan, JA [Ag]
Delivered: 27/10/2014

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