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    Home » Digests of Decisions » 6th February 2013

    1
    TELECONFERENCE
    SAINT CHRISTOPHER AND NEVIS
    Wednesday, 6th February 2013
    APPLICATIONS AND APPEALS
    Case Name: Adam J. Bilzerian
    v
    [1] Gerald Lou Weiner
    [2] Kathleen Ann Weiner
    [High Court Civil Appeal No. 32 of 2012]
    Before: The Hon. Mde. Janice M. Pereira, Chief Justice
    Appearances:
    Applicant: Mr. John Tyme, with him, Mr. Paul Bilzerian (father of
    the applicant Adam Bilzerian – representing the
    applicant)
    Respondent: Ms. Jean Dyer (Keithley Lake & Associates)
    Issues: Application for stay of execution – Applicant’s
    application for leave to appeal not before the Court
    Result / Order: [Oral delivery]
    1. The hearing of the application for a stay of
    execution of the default judgment entered on 4th
    September 2012, the terms of which were fixed on
    27th November 2012 is hereby adjourned pending
    receipt at headquarters of the Court in Saint Lucia,
    of the application for leave to appeal filed by the
    applicant on 21st November 2012 and entitled Civil
    Appeal No. 28 of 2012.
    2. The respondent shall, on or before Friday, 8th
    February 2013, file and serve further written
    submissions in respect of the application for stay
    and the application for leave.
    3. The applicant shall be at liberty to file and serve
    written submissions in response no later than
    2
    Friday, 15th February 2013.
    4. The costs of today’s hearing are reserved.
    5. Thereafter, the applications for leave to appeal and
    a stay will, if practicable, be heard on paper.
    Reason: The Court was unable to proceed until it had sight of
    the application for leave to appeal which had been
    filed by the applicant on 21st November 2012.
    Case Name: [1] Lemon Grove Company Limited
    [2] Adam Bilzerian
    v
    First Caribbean International Bank (Barbados)
    Limited
    [High Court Civil Appeal No. 27 of 2012]
    Before: The Hon. Mde. Janice M. Pereira, Chief Justice
    Appearances:
    Applicants: Mr. John Tyme, with him, Mr. Greg Gilpin-Payne
    (representing the interests of the first applicant) and
    Mr. Paul Bilzerian (representing the interests of the
    second applicant)
    Respondent: Ms. Kalisia Isaacs, with her, Ms. Charmaine A.
    Millington
    Mr. Peter Irish (representing the interests of the
    respondent bank)
    Issues: Application for stay of execution – Whether second
    applicant a proper party to the proceedings –
    Whether order being appealed final or interlocutory –
    Whether leave to appeal required
    Result / Order: [Oral delivery]
    IT IS HEREBY ORDERED THAT:
    1. The second appellant/applicant is struck from the
    3
    record as a named party to the proceedings, the
    second appellant/applicant not having been joined
    in accordance with Part 19 of the Civil Procedure
    Rules 2000 as a party to the proceedings.
    2. The application for stay of execution is dismissed.
    3. The notice of appeal filed herein is struck out as a
    nullity.
    4. The applicant shall pay costs to the respondent
    fixed in the sum of $2,500.00, to be paid within 21
    days of today’s date.
    Reason: The order being appealed arose out of an application
    filed pursuant to section 75 of the Title by
    Registration Act (Cap. 10.19, Revised Laws of Saint
    Christopher and Nevis 2002), in respect of
    foreclosure proceedings. On a review of the
    provisions of this Act, the Court took the view that the
    order made by the learned master under section 75,
    was not an order which brought finality to those
    proceedings and accordingly, was not a final order in
    the circumstances. Therefore, since the order did not
    fall within the exceptions stated in section 33(3)(g) of
    the Eastern Caribbean Supreme Court (Saint
    Christopher and Nevis) Act (Cap. 3.11, Revised Laws
    of Saint Christopher and Nevis 2002), the applicant
    required leave of the court to appeal the order.
    No application for permission to appeal was filed by
    the applicants. Furthermore, even if the notice of
    appeal was to be treated as an application for
    permission to appeal (which it was not), given the
    time limited under the rules of court for applying for
    permission to appeal, or indeed for the filing of a
    notice of appeal, this would not have availed the
    applicant as no extension of time had been sought in
    either circumstance. Accordingly, the notice of
    appeal could only have been treated as a nullity (see
    Craig Reeves v Platinum Trading Management
    Limited, Saint Christopher and Nevis High Court Civil
    Appeal No. 22 of 2007 (delivered 25th February 2008,
    unreported) and Nevis Island Administration v La
    Copproprete Du Navire J31 et al (Saint Christopher
    and Nevis High Court Civil Appeal No. 7 of 2005 –
    delivered 29th December 2005)).
    4
    In relation to the application for a stay, there being no
    effective application before the Court for permission
    to appeal, or any valid notice of appeal, there was no
    basis for granting a stay.

    /6th-february-2013-st-kitts-nevis-teleconference/
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