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    Home » Digests of Decisions » Chamber Hearing – November 2015

    Chamber Hearing
    November 2015

     

     

     

     

     

    MATTERS DEALT WITH ON
    PAPER

     

     

     

     

     

     

    Before:

     

    The Hon. Mde. Gertel Thom, Justice of Appeal

     

     

     

     

     

     

    Case Name:

     

    Jenny Lindsay dba
    Jenny Lindsay & Associates

    v

    Simeon Fleming

    (In his capacity as Administrator
    of the Estates of the late Sarah Ann Connor aka Richardson and Catherin
    Fleming, deceased)

     

    [AXAHCVAP2015/0006]

    (Anguilla)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant
    / Respondent:

    Ms. Jenny Lindsay (Jenny Lindsay & Associates) and
    Mr. Sydney Bennett, QC

     

     

     

     

    Respondent
    / Applicant:

    Mr. Kerith T. Kentish (Joyce Kentish & Associates)

     

     

     

    Issues:

     

    Application by respondent to strike out notice of appeal
    – Application for extension of time to file notice of appeal and submissions and
    for relief from sanctions

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED
    THAT:

    1.    An extension of time
    is granted to the applicant to file the notice of appeal and submissions. The
    notice of appeal and submissions filed on 27th October 2015 are
    deemed to be properly filed.

    2.    Costs to the
    respondent in the sum of $750.00.

     

     

     

     

     

     

    Reason:

     

    The Court was satisfied that the applicant had met the
    threshold requirements for the grant of an extension of time.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    [1] Jenny Lindsay

    [2] Jenny Lindsay
    & Associates

    v

    Thomas Edward Carty

     

    [AXAHCVAP2015/0007]

    (Anguilla)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Ms. Jenny Lindsay (Jenny Lindsay & Associates)

     

     

     

     

    Respondent:

    Ms. Yanique L. Stewart (J.A.G. GUMBS & Co)

     

     

     

    Issue:

     

    Application for extension of time to file and serve
    appeal bundle – Application for relief from sanctions

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for
    extension of time is granted. The record of appeal filed on 23rd
    October 2015 is deemed properly filed.

    2.    Costs to the
    respondent in the sum of $700.00.

     

     

     

     

     

     

    Reason:

     

    The Court was satisfied that the applicant had met the
    threshold requirements for the grant of an extension of time.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Antigua Power Company

    v

    [1] Hon. Baldwin
    Spencer

    [2] Hon. Justin Simon
    QC

    [3] Ambassador, Sir
    David Shoul

    [4] Clarvis Joseph

    [5] Esworth Martin

    [6] Government of
    Antigua and Barbuda

    [7] Public Utilities
    Company (APUA)

    [8] Beijing Construction
    and Engineering Group Limited

    [9] Export and Import
    Bank of China

     

    [ANHUCVAP2015/0032]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Dane Hamilton, QC (Dane Hamilton & Associates)

     

     

     

    Issue:

     

    Application for leave to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for leave to appeal
    filed on the 24th day of September 2015 is granted.

    2.    The applicant shall comply with the
    provisions of rule 62.10 of the Civil Procedure Rules 2000.

     

     

     

     

     

     

    Reason:

     

    The Court was satisfied that the applicant had met the
    threshold requirements for the grant of leave to appeal.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Myrna Norde

    v

    Jacqueline Mannix

    (As Personal Representative of the
    Estate of Henry Alford Mannix)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Ralph
    A. Francis

     

     

     

    Issue:

     

    Application for leave to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS ORDERED THAT:

    The hearing of the application is fixed for 1st
    December 2015 by teleconference at 10:00 am before a single judge of the
    Court.

     

     

     

     

     

     

    Reason:

     

    The Court noted that the applicant had not complied with
    rule 62.2(1) of the Civil Procedure Rules 2000 (“CPR 2000”). The Court was
    minded to refuse leave and acted in accordance with CPR 62.2(5).

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Haynes Browne

    v

    Lena Carr, deceased
    by her Personal Representative Buell Carr

     

    [ANUHCVAP2014/0007]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Appellant
    / Respondent:

    Henry & Burnette

     

     

     

     

    Respondent
    / Applicant:

    Dr. David Dorsett (Watt, Dorsett & Company)

     

     

     

    Issue:

     

    Application to substitute respondent

     

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    Neil Sargeant,
    Executor of the estate of Buell Carr, deceased be substituted as the
    respondent, pursuant to rule 19 .2(5) of the Civil Procedure Rules 2000.

    2.    The matter shall be
    listed for status hearing on a date and at a time to be determined by the
    Chief Registrar.

     

     

     

     

     

     

    Reason:

     

    The Court was satisfied that the respondent/applicant had
    met the requirements for the substitution of a party pursuant to CPR 19.2(5).

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Judah Benjamin

    v

    The Chief Magistrate,
    District “A”

     

    [ANUMCRAP2015/0001]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Bowen
    & Bowen

     

     

     

    Issue:

     

    Application for extension of time to file notice of
    appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for an extension of
    time to file a notice of appeal filed on 6th March 2015 is
    granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of this order.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was no objection to the
    application by the Director of Public Prosecutions.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Keyon Bronile
    Hamilton

    v

    Chief Magistrate

     

    [ANUHCVAP2015/0002]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Lawrence Daniels (Daniels, Phillips & Associates)

     

     

     

    Issue:

     

    Application for stay of sentence of 8 months imprisonment
    until determination of appeal – Draft order requesting that applicant be
    admitted to bail

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for bail is referred
    to the High Court to be determined by a judge of the High Court.

    2.    The Registrar of the High Court shall
    forthwith assign the application to a judge of the High Court and give the
    parties notice of the date and time of the hearing of the application.

     

     

     

     

     

     

    Reason:

     

    The Court
    noted the provisions of sections 168 and 169 of the Magistrate’s Code of
    Procedure
    Cap. 255 Laws of Antigua and Barbuda 1992 which provides as
    follows:

     

    “168. Every appeal shall be either by way of motion or
    special or special case as hereinafter provided. case.

     

    169. An appeal, whether by way of motion or special case,
    shall have the effect of suspending the execution of the decision, judgement
    or order appealed from until the final determination of such appeal.”

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Terry Herbert

    v

    Her Majesty The Queen

     

    [ANUHCRAP2015/0012]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Bowen & Bowen

     

     

     

    Issue:

     

    Application for extension of time to file notice of
    appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for an extension of
    time to file a notice of appeal filed on 6th March 2015 is
    granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

     

     

     

    Reason:

     

    The court noted that there was no opposition by the
    Director of Public Prosecution to the application.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Melville Samuel

    v

    Her Majesty the Queen

     

    [ANUHCRAP2015/0013]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Bowen & Bowen

     

     

     

    Issue:

     

    Application for extension of time to file notice of
    appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for extension of time
    to file a notice of appeal filed on 6th March 2015 is granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was opposition by the Director
    of Public Prosecutions to the application.

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    George Baron

    v

    Her Majesty The Queen

     

    [ANUHCRAP2015/0013]

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Appellant:

    Bowen & Bowen

     

     

     

    Issue:

     

    Application for extension of time to file notice of
    appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for extension of time
    to file a notice of appeal filed on 6th March 2015 is granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was opposition by the Director
    of Public Prosecutions to the application.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Ronald Samuel

    v

    Her Majesty The Queen

     

    [ANUHCRAP2015/0015]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Bowen
    & Bowen

     

     

     

     

     

     

    Issue:

     

    Application
    for extension of time to file notice of appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for an extension of
    time to file a notice of appeal filed on 6th March 2015 is
    granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was opposition by the Director
    of Public Prosecutions to the application.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    David Daniel

    v

    Her Majesty The Queen

     

    [ANUHCRAP2015/0016]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Bowen & Bowen

     

     

     

     

     

     

    Issues:

     

    Application for extension of time to file notice of
    appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for an extension of
    time to file a notice of appeal filed on 6th March 2015 is
    granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was opposition by the Director
    of Public Prosecutions to the application.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Xavier Mason

    Cornell Humphreys

    Colin Barnes

    Cameron Thomas

    Lyndon Greene

    v

    Antigua Port
    Authority

     

    [ANUHCVAP2011/0027]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Kendrickson H. Kentish (Lake & Kentish)

     

     

     

    Issue:

     

    Application for extension of time to file record of
    appeal – Application for relief from sanctions

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERD THAT:

    1.    The application for extension of time
    to file the record of appeal is granted.

    2.    The record of appeal filed on 12th
    October 2015 is deemed properly filed.

     

     

     

     

     

     

    Reason:

     

    The Court was satisfied that the applicant had met the
    requirements for the grant of an extension of time.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Antigua and Barbuda Transport
    Board

    v

    Anderson Carty

     

    [ANUHCVAP2015/0006]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Hugh C. Marshall Jnr (Marshall & Co.)

     

     

     

    Issue:

     

    Application for leave to appeal – Application for stay of
    execution – Application for consolidation of appeals

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The applicant shall file a copy of the
    order being appeal within 14 days from the date of this order.

    2.    The application is adjourned to the
    next Chamber Hearing scheduled for 17th December 2015.

     

     

     

     

     

     

    Reason:

     

    The Court noted that the order being appeal was not
    attached to the application for leave to appeal.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Antigua and Barbuda
    Transport Board

    v

    James Sebastian

     

    [ANUHCVAP2015/0017]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Hugh C. Marshall Jnr. (Marshall & Co.)

     

     

     

    Issue:

     

    Application for leave to appeal – Application for stay of
    execution – Application for consolidation of appeals

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The applicant shall file a copy of the
    order being appealed within 14 days from the date of this order.

    2.    The application is adjourned to the
    next Chamber Hearing scheduled for 17th December 2015.

     

     

     

     

     

     

    Reason:

     

    The Court noted that the order being appealed was not
    attached to the application for leave to appeal.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Antigua and Barbuda
    Transport Board

    v

    Anique Francis

     

    [ANUHCVAP2015/0008]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Hugh C. Marshall Jnr (Marshall & Co.)

     

     

     

    Issue:

     

    Application for leave to appeal – Application for stay of
    execution – Application for consolidation of appeals

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The applicant shall file a copy of the
    order being appealed within 14 days from the date of this order.

    2.    The application is adjourned to the
    next Chamber Hearing scheduled for 17th December 2015.

     

     

     

     

     

     

    Reason:

     

    The Court noted that the order being appealed was not
    attached to the application for leave to appeal.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Eastern Caribbean
    Insurance Limited

    v

    Roger Williams

     

    [GDAHCVAP2015/0027]

    (Grenada)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Amicus
    Attorneys

     

     

     

    Issue:

     

    Application
    for extension of time to file notice of appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for an extension of
    time to file a notice of appeal is refused.

    2.    No order as to costs.

     

     

     

     

     

     

    Reason:

     

    The Court noted that the order being appeal is a costs
    order for which leave to appeal is required and that the application filed is
    for an extension of time to file a notice of appeal and not an application
    for leave to appeal.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Anslem B. Clouden

    v

    Georges Cohen

     

    [GDAHCVAP2014/0039]

    (Grenada)

     

     

     

    Date:

     

    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Francis Alexis, QC (Grenlaw Chambers)

     

     

     

     

    Respondent:

    Ms. Kimber Guy-Renwick (Henry, Henry & Bristol)

    Issue:

     

    Application for stay pending determination of appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for stay of execution
    of the judgment of Gilford J dated 3rd October 2014 and the order
    dated 12th June 2015 is refused.

    2.    The appellant/applicant shall pay
    costs to the respondent in the sum of $750.00.

     

     

     

     

     

     

    Reason:

     

    The Court was of the opinion that the
    appellant had not provided any cogent evidence in support of the grant of a
    stay of execution and further had not shown that there would be any risk of
    injustice or that the appellant would not be able to recover any monies from
    the respondent should the stay not be granted. Accordingly, the Court was of
    the view that the appellant had failed to meet the threshold requirements for
    the grant of a stay.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Prickly Bay Waterside
    Limited

    v

    [1] Derick Steele

    [2] British American
    Insurance Company Limited (Under Judicial Management)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Amicus
    Attorneys

     

     

     

     

    Respondent:

    Mr. James
    Bristol (Henry, Henry & Bristol

     

     

     

    Issues:

     

    Application for extension of time to file notice of
    appeal – Application to deem notice of appeal properly filed – Application to
    proceed with appeal as an appeal against a final order – Notice of
    discontinuance withdrawing and discontinuing the appeal against the first
    respondent

     

     

     

     

     

     

    Result / Order:

     

    IT IS HEREBY ORDERED BY CONSENT AS FOLLOWS:

    1.    That paragraphs 47 and 61 (2) of the
    said order of Madam Justice Clare Henry are final in nature, not requiring
    leave to appeal. Accordingly, the application for leave to appeal is hereby
    dismissed.

    2.    That the notice of appeal filed by the
    appellant on 30th September 2015 and served on the respondents on
    1st October 2015 was properly filed and served.

    3.    That the appellant shall file an amended
    notice of appeal on or before the 4th day of December 2015.

    4.    That the within appeal shall proceed
    in accordance with Part 62 of the Civil Procedure Rules 2000 (as amended) and
    that time for compliance with the provisions of CPR 2000 shall run from the
    date of filing of the amended notice of appeal.

    5.    There shall be no order as to costs.

     

     

     

     

     

     

    Reason:

     

    The appellant and the second-named respondent agreed that
    the orders contained at paragraph 47 and 61(2) of the decision of Madam
    Justice Clare Henry dated 26th August 2015 refusing the
    appellant’s application for a declaration of a Quintclose type trust are
    final in nature.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Time Bourke Holdings
    (Grenada) Limited

    v

    Issa Nicholas
    (Grenada) Limited

     

    [GDAHCVAP2015/0029]

    (Grenada)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Ruggles Ferguson (Ciboney Chambers)

     

     

     

    Issues:

     

    Application for leave to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERED THAT:

    1.    The applicant shall
    file a copy of the order being appealed within 14 days from the date of this
    order.

    2.    The application is
    adjourned to the next Chamber Hearing date scheduled for 17th
    December 2015.

     

     

     

     

     

     

    Reason:

     

    The Court noted that the order being appealed was not
    attached to the notice of application filed on 21st October 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Velda Lewis

    v

    Grenada Ports
    Authority

     

    [GDAHCVAP2011/0024]

    (Grenada)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Appellant:

    Ms. Pauline Hannibal (Hannibal & Duncan Phillip)

     

     

     

    Issue:

     

    Application for leave to amend notice of appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    Leave is granted to amend the notice of appeal in terms
    outlined in the notice of application dated 23rd October 2015.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was no opposition to the
    application.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Priscilla Williams

    v

    Wendell Lee

     

    [MNILTAP2015/0001]

    (Montserrat)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Sylvester Carrott

     

     

     

    Issue:

     

    Application to state case

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERD THAT:

    1.    The applicant shall within 14 days of
    the date of this order provide proof of refusal by the tribunal to state a
    case.

    2.    The application is adjourned to the
    next Chamber Hearing scheduled for 17th December 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Elton Andrews

    v

    The Commissioner of
    Police

     

    [SVGMCRAP2015/0046]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

     

     

     

    Issue:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS
    HEREBY ORDERED THAT:

    1.    The Registrar of the High Court shall
    provide the Court with a copy of the minute of conviction and sentence on or
    before 30th November 2015.

    2.    The application is adjourned to the
    next Chamber Hearing scheduled for 17th December 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Lorraine A. Cato

    v

    Gracelyn Cloreth Cato
    nee Peters

     

    [SVGHCVAP2015/0019]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Jaundy O.R. Martin (Phronesis Chambers)

     

     

     

    Issue:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS
    HEREBY ORDERED THAT:

    1.    The applicant shall provide proof of
    service of the application and supporting documents on the respondent on or
    before 30th November 2015.

    2.    The application is adjourned to the
    next Chamber Hearing scheduled for 17th December 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Garvey Solomon

    v

    The Commissioner of
    Police

     

    SVGMCRAP2015/0035]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issue:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for extension of time
    is granted.

    2.    The applicant is granted leave to
    appeal the sentence imposed on him by the learned magistrate.

    3.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

    Reason:

     

    The Court noted that there was no opposition to the
    application by the Director of Public Prosecution.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Andrew Harry

    v

    The Commissioner of
    Police

     

    [SVGMCRAP2015/0036]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issue:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for extension of time
    to file a notice of appeal is granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was no opposition to the
    application by the Director of Public Prosecution.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Leroy Haynes

    v

    The Commissioner of
    Police

     

    [SVGHCRAP2013/0028]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issue:

     

    Application to add further grounds of appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The appeal is adjourned to the next sitting of the Court
    of Appeal in Saint Vincent and the Grenadines during the week commencing
    Monday 18th April 2015 for case management in order for the Court to
    deal with the matter of assignment of legal aid to the appellant.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was no opposition to the
    application by the Director of Public Prosecution. The Court also noted that
    the applicant was convicted of murder and the need for counsel to be assigned
    to the applicant. The court was of the view that counsel when assigned would
    be in a position to draft the further grounds of appeal.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Marlon Deterville

    v

    The Commissioner of
    Police

     

    [SVGMCRAP2014/0053]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issue:

     

    Application to add further grounds of appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The application to amend the notice of appeal is refused.

     

     

     

     

     

     

    Reason:

     

    The Court was of the view that the purported amended
    grounds were included in the grounds filed on 12th August 2014.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Romando Rodriguez

    v

    The Commissioner of
    Police

     

    [SVGMCRAP2015/0047]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

     

     

     

    Issue:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for extension of time
    dated 14th August 2015 is granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

    Reason:

     

    The Court noted that there was no opposition to the
    application by the Director of Public Prosecution.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Rasheed Watson

    v

    The Commissioner of
    Police

     

    [SVGMCRAP2015/0047]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issue:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for extension of time
    to file a notice of appeal is granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

    Reason:

     

    The Court noted that there was no opposition to the
    application by the Director of Public Prosecution.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    East
    Caribbean Flour Mills Limited

    Caricom Rice Mills Limited

    v

    Peter Alexander

    Geoffrey Gregory

    Floyd Patterson

    Marcus Hatch

    Philip Atkinson

    Stephen Jardine

    Michael Boyce

    Douglas Newsam

    Davide Lisle Chase

    Lindel Nurse

    Colin Dathorne

    Grenville Phillips

    Joyce Dear

    Kieron Pinard-Bryne

    Wayne Fields

    Harold Tryhane

     

    [SVGHCVAP2015/0020]

    (Saint Vincent and
    the Grenadines)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Lorenze Alvin Douglas Williams in association with
    Mr. Barry L.V. Gale, QC and Ms. Leodean Worrell

     

     

     

    Issue:

     

    Application for leave to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED
    THAT:

    1.    The applicant shall file with the
    Court a complete copy of the order/decision of Master Taylor-Alexander dated
    21st October 2015.

    2.    The application is adjourned to the
    next Chamber hearing scheduled for 17th December 2015.

     

     

     

     

     

     

    Reason:

     

    The court noted that the order/decision in respect of
    which the application was made was not attached in its entirety to the
    application.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Andre John

    v

    The Queen

     

    [SVGHCRAP2015/0008]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issue:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT
    IS HEREBY ORDERED THAT:

    1.    The Registrar of the High Court shall
    provide the Court and the applicant a copy of the certificate of conviction and
    sentence of the applicant on or before 30th November 2015.

    2.    The application is adjourned to the
    next chamber hearing scheduled for 17th December 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Dwayne Stephens

    v

    The Queen

     

    [SVGHCRAP2015/0007]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issue:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERED THAT:

    1.    The Registrar of the High Court shall provide
    the Court and the applicant a copy of the certificate of conviction and
    sentence of the applicant on or before 30th November 2015.

    2.    The application is adjourned to the
    next chamber hearing scheduled for 17th December, 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Alaskie Samuel

    v

    The Commissioner of
    Police

     

    [SVGMCRAP2015/0048]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issue:

     

    Application
    for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERED THAT:

    1.    The Registrar of the High Court shall
    serve the application for an extension of time to appeal on the Director of
    Public Prosecutions on or before 27th November 2015.

    2.    The registrar shall provide the Court,
    the Director of Public Prosecutions and the applicant with a copy of the
    Certificate of Conviction and sentence on or before 2nd December
    2015.

    3.    The Director of Public Prosecutions
    may file a response to the application on or before 10th December
    2015.

    4.    The application is adjourned to the
    next chamber hearing scheduled for 17th December 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Kimron Neverson

    v

    The Queen

     

    [SVGHCRAP2015/0009]

    (Saint Vincent and the
    Grenadines
    )

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

    Issues:

     

    Application for extension of time to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERED THAT:

    1.    The Registrar of the High Court shall
    provide the Court and the applicant a copy of the certificate of conviction
    and sentence of the applicant on or before 30th November, 2015.

    2.    The application is adjourned to the
    next chamber hearing scheduled for 17th December 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Clico International
    Life Insurance Limited

    (Under Judicial
    Management)

    v

    Deldridge Flavius

     

    [SLUHCVAP2014/0029]

    (Saint Lucia)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Ms. Renee T. St. Rose (Peter I. Foster & Associates)

     

     

     

     

    Respondent:

    Mr. Horace Fraser (Fraser & Company)

     

     

     

    Issue:

     

    Application for extension of time to file record of
    appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The applications are set down for hearing before the Full
    Court at the next sitting of the Court of Appeal in the state of Saint Lucia
    during the week commencing 8th February 2015.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    [1] Stephen Delaire

    [2] Brian Delaire

    [3] Lorraine Delaire

    All by their duly constituted Attorney
    Larie Dulaire

     

    [SLUHCVAP2015/0025]

    (Saint Lucia)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Gerard Williams (The Law Offices of Gerard R.
    Williams)

     

     

     

     

    Respondent:

    Mr. Horace Renison Fraser (Fraser & Company)

     

     

     

    Issue:

     

    Application for leave to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERD THAT:

    1.    The applicant shall file the order of
    inhibition dated 4th November 2013 on or before 30th
    November 2015.

    2.    The matter is adjourned to the next
    Chamber Hearing scheduled for 17th December 2015.

     

     

     

     

     

     

    Reason:

     

    The Court noted that order of inhibition of 4th
    November 2013 was not attached to the notice of application.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Jane Moore

    v

    [1] Hermdrew Quality
    Construction Company Ltd

    [2] Herman St. Helen

    [3] Andrew Anthony
    Skelly

     

    [SLUHCVAP2015/0021]

    (Saint Lucia)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    In person

     

     

     

     

     

     

    Issue:

     

    Application for extension of time to file notice of
    appeal – Application for stay of execution

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The application for extension of time to file a notice of
    appeal is dismissed.

     

     

     

     

     

     

    Reason:

     

    The Court noted the order of Baptiste JA dated 22nd
    September 2015 and Webster JA dated 20th October 2015 and that the
    applicant had not complied with the said orders. The Court further noted
    that the orders were served on the Chambers of Mr. Jeannot Michel Walters on
    2nd November 2015 respectively which is the address of service of
    the applicant.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Eldora Hodge

    v

    Vincent Buckley

     

    [SKBHCVAP2015/0016]

    (Federation of Saint
    Christopher and Nevis)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Respondent /

    Applicant:

    Ms. Angelina Gracy Sookoo (Law Offices of Sylvester
    Anthony)

     

     

     

     

    Appellant
    /

    Respondent:

    Mr. Nassibou Butler (Butler, Butler & Butler)

     

     

     

    Issue:

     

    Application to strike out interlocutory appeal – Failure
    to obtain leave to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    That the application to strike out the
    notice of appeal filed on 3rd July 2015 is granted and the said
    notice of appeal is struck out as being a nullity, the same having been filed
    without the leave of the Court.

    2.    Costs to the respondent in the sum of
    $1000.00.

     

     

     

     

     

     

    Reason:

     

    The Court noted that the order being appealed is an
    interlocutory order and as such leave of the Court is required to appeal in
    accordance with section 33(3)(g) of the Eastern Caribbean Supreme Court (Saint
    Christopher and Nevis) Act
    Cap. 3.11, Laws of Saint Christopher and Nevis
    2002 and that no such leave was obtained.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    The Attorney General
    of St. Christopher and Nevis

    v

    [1] Caribe (Realties)
    Canada Limited

    [2]Betts Realty
    Limited

     

    [SKBHCVAP2015/0025]

    (Federation of Saint
    Christopher and Nevis)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. DeLara MacClure Taylor (Attorney General’s Chambers)

     

     

     

     

    Respondent:

    Ms. Elizabeth Harper (Daniel, Brantley & Associates)

     

     

     

    Issues:

     

    Application for leave to appeal – Application for stay of
    execution

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The application is set down for hearing before the Full
    Court at the next sitting in the Federation of St. Kitts and Nevis during the
    week commencing 6th June 2016.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Judith Ann Bruton
    Titley

    v

    First Fidelity
    Deposit Corporation

    Andrew Michael
    Austin Titley

    Caribbean Trust
    Company (Nevis) Ltd.

     

    [SKBHCVAP2015/0014]

    (Federation of Saint
    Christopher and Nevis)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Ms. Myrna R. Walwyn & Associates

     

     

     

    Issue:

     

    Application for leave to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERERD THAT:

    1.    The Chief Registrar shall bring to the
    attention of the Registrar of the High Court the orders of the Court made on
    24th July 2015, 24th September 2015 and 20th
    October 2015.

    2.    The Registrar of the High Court shall
    provide written reasons for her failure to comply with the Order of the Court
    within 7 days of being notified by the Chief Registrar of the aforementioned
    orders of the Court.

    3.    The application is adjourned to the
    next Chamber Hearing scheduled for 17th December 2015.

     

     

     

     

     

     

    Reason:

     

    The Court noted that the Registrar of the High Court had
    not complied with paragraph one of the orders of Thom, JA, Blenman JA and
    Webster JA dated 24th July 2015, 22nd September 2015
    and 20th October 2015, respectively

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Junior McFarlane

    v

    Desdemona Henry

     

    [SKBMCVAP2015/0005]

    (Federation of Saint
    Christopher and Nevis)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Ms. Natasha S. Grey (Chelsey O. Hamilton &
    Associates)

     

     

     

    Issue:

     

    Application for extension of time to file notice of
    appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for an extension of
    time to file a notice of appeal is granted.

    2.    The applicant shall file a notice of
    appeal within 14 days of the date of this order.

     

     

     

     

     

     

    Reason:

     

    The Court noted that while the delay was lengthy, there
    was a good explanation for the delay, there was a realistic prospect of
    success and there was no evidence of prejudice to the respondent if the
    application was granted. The Court also noted that there was no opposition
    to the application.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Adam Bilzerian

    v

    Gerald Lou Weiner

    Kathleen Weiner

     

    [SKBHCVAP2015/0018]

    (Federation of Saint
    Christopher and Nevis)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Dr. Dennis
    Merchant (Merchant & Associates)

     

     

     

     

     

     

    Issue:

     

    Application
    for leave to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERED THAT:

    1.    The appeal having been discontinued is
    accordingly dismissed.

    2.    The appellant shall pay the
    respondents costs pursuant to Part 65 of the Civil Procedure Rules 2000 if
    not agreed within 21 days.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Frank Bunbury

    v

    Mike Bontiff

     

    [BVIMCVAP2015/0003]

    (Territory of the
    Virgin Islands)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Rosan Law

     

     

     

     

    Respondent

    Maximea & Co. Law Chambers

     

     

     

     

     

     

    Issues:

     

    Application for extension of time to file notice of
    appeal – Application to adduce additional/ fresh evidence

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The application is set down for hearing before the Full
    Court at the next sitting in the Territory of the Virgin Islands commencing
    on 11th January 2016.

     

     

     

     

     

     

    Reason:

     

    The Court acted pursuant to CPR 62.2(5).

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Ming Shui Sum,
    Lawrence

    v

    [1] Ming Shui Hung,
    Ronald

    [2] Shaw Siu Kuen,
    Bertha

    [3] Ming Shiu Tong

    v

    J.F. Ming Inc.

    [BVIHCMAP2015/0016]

    (Territory of the
    Virgin Islands)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Paul
    Chaisty, QC and Mr. Richard Evans (Conyers Dill & Pearman)

     

     

     

     

    Respondent

    Mr.
    Christopher Parker, QC, Ms. Claire Goldstein and Mr. Stuart Cullen (Harney
    Westwood & Riegels)

     

     

     

    Issue:

     

    Application for leave to appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The application is set down for hearing before the Full Court
    at the next sitting in the Territory of the Virgin Islands commencing on 11th
    January 2016.

     

     

     

     

     

     

    Reason:

     

    The Court noted the respondents’ statement of why
    permissions should be refused, dated 18th November, 2015. The
    Court also noted the applicant’s response note filed 19th November
    2015 and acted pursuant to CPR 62.2(5).

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Thornton Smith Trust
    Corporation

    v

    T-Tobba Company
    Limited.

     

    [BVIHCVAP2015/0015]

    (Territory of the
    Virgin Islands)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Jamal Smith (Thornton Smith)

     

     

     

     

     

     

    Issues:

     

    Application for leave to appeal – Application for stay of
    execution.

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The application is set down for hearing before the Full
    Court at the next sitting in the Territory of the Virgin Islands commencing
    on 11th January 2016.

     

     

     

     

     

     

    Reason:

     

    The Court
    acted pursuant to CPR 62.2 (5)

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Ivan Gumbs

    v

    Tara Ladonna Matthias

     

    [BVIHCVAP2015/0001]

    (Territory of the
    Virgin Islands)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Respondent
    / Applicant:

    Ms. Marie-Lou D. Creque (SCA Creque)

     

     

     

     

     

     

    Issue:

     

    Application for leave to file additional grounds of
    appeal and for relief from sanctions

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED AND DIRECTED
    THAT:

    1.   
    The
    application for leave to file the additional grounds outlined in paragraphs
    2(i)-(vii) is granted.

    2.   
    The record filed
    on 9th September 2015 is deemed properly filed.

     

     

     

     

     

     

    Reason:

     

    The Court noted that there was no opposition to the
    application filed by the respondent.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Play La Inc.

    v

    [1] Swiss Science Com
    Co Ltd.

    [2] Deep Blue Exploration
    Co Ltd.

    [3] JSM Capital
    Management Inc.

    [4] Symphony Bowl
    Holdings Ltd.

    [5] HK Electronics
    Co. Ltd.

    [6] Wales Wealth
    Management Co Ltd.

    [7] Marlowe
    Management Co Ltd.

    [8] Digital World
    Resources Inc.

    [9] Harmony Ridge
    Holdings ltd.

    [10] Geoffrey Cairns

    [11] Kenneth Mages

    [12] Secure One
    Corporation

     

    [BVIHCMAP2015/0008]

    (Territory of the
    Virgin Islands)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Jonathan Addo (Harney Westwood & Riegels)

     

     

     

     

    Respondents:

    Mr. Andrew Wanambwa (Ogier)

     

     

     

    Issue:

     

    Application for security for costs.

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    BY CONSENT IT IS HEREBY ORDERED THAT:

    1.    The appeal is discontinued.

    2.      There shall be no order as to costs.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Glen Henley

    (Trading as Cane
    Garden Bay Pleasure and Water Sports Equipment)

    v

    Poco Loco Enterprises
    Incorporated (A Delaware Corporation)

     

    [BVIHCVAP2015/0007]

    (Territory of the
    Virgin Islands)

     

     

     

    Date:

     

    Thursday,
    19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. David A. Penn

     

     

     

     

    Respondent:

    Mr. Daniel Mitchell (Forbes Hare)

     

     

     

     

     

     

    Issues:

     

    Application for extension of time to appeal – Application
    for relief from sanctions – Application for stay of execution

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The application is set down for hearing before the Full
    Court at the next sitting in the Territory of the Virgin Islands commencing
    on 11th January 2016.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    [1]Mark Byers

    [2] Mark McDonald

    (as Joint Liquidators
    of the above-named company)

    [3] Pioneer Freight
    Futures Company Limited (In Liquidation)

    v

    Chen Ningning

    (Also Known as Diana
    Chen)

     

    BVIHCVAP2015/0011]

    (Territory of the
    Virgin Islands)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. Matthew Freeman (Lennox Paton)

     

     

     

     

    Respondent:

    Mr. Ian Mann (Harney Westwood & Riegels)

     

     

     

    Issue:

     

    Application for fixed date hearing

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY BY CONSENT ORDERED THAT:

    1.    The appeal hearing be fixed for a
    period of two days commencing 11th January 2016 and concluding on
    12th January, 2016.

    2.      Costs in the appeal.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Antonio Stoutt

    v

    The Commissioner of
    Police

     

    BVIMCRAP2015/0006]

    (Territory of the
    Virgin Islands)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Mr. David A Penn

     

     

     

    Issue:

     

    Application for bail pending appeal

     

     

     

    Result /
    Order:

     

    IT IS HEREBY ORDERED THAT:

    The applicant is granted bail pending the determination
    of the appeal in the sum of $15,000.00 with two sureties.

     

     

     

     

     

     

    Reason:

     

    The court was of the view that the applicant showed
    exceptional circumstances and that there was a reasonable prospect of success
    of the appeal. The court also noted that there was no opposition by the
    Director of Public Prosecutions.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Case Name:

     

    Richardson Fontane

    v

    The State

     

    [DOMHCRAP2015/0007]

    (Commonwealth of
    Dominica)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Ms. Dawn Yearwood-Stewart

     

     

     

    Issue:

     

    Application for leave to appeal

     

     

     

     

     

     

    Result /
    Order & Reason:

     

    IT IS HEREBY ORDERED THAT:

    1.    The application for leave to appeal
    filed on 20th October 2015 is granted.

    2.    The notice of appeal filed on 20th
    October 2015 is deemed to be properly filed.

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Before:

     

    The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal

     

     

     

     

     

     

    Case Name:

     

    Hilroy Humphreys

    v

    Ian Peters

     

    [ANUHCVAP2011/0031]

    (Antigua and Barbuda)

     

     

     

    Date:

     

    Thursday, 19th November 2015

     

     

     

    On paper:

     

     

     

    Applicant:

    Rhudd & Associates

     

     

     

    Issue:

     

    Application for extension of time to file record of
    appeal

     

     

     

     

     

     

    Result /
    Order:

     

    IT IS ORDERED THAT

    1.    The application for
    extension of time to file the record of appeal is granted.

    2.    The time for filing
    of the record of appeal be extended to 10 days from the date of this order.

    3.    No order as to
    costs.

     

     

     

     

     

     

    Reason:

     

    The Court
    was satisfied that the applicant had met the threshold requirements for the
    grant of an extension of time.

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