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.