Chamber Hearing
November 2015
|
|
|
|
| MATTERS DEALT WITH ON |
|
|
|
|
|
|
Before: |
| The Hon. Mde. Gertel Thom, Justice of Appeal |
|
|
|
|
|
|
Case Name: |
| Jenny Lindsay dba v Simeon Fleming (In his capacity as Administrator
[AXAHCVAP2015/0006] (Anguilla) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant | Ms. Jenny Lindsay (Jenny Lindsay & Associates) and |
|
|
|
| Respondent | Mr. Kerith T. Kentish (Joyce Kentish & Associates) |
|
|
|
Issues: |
| Application by respondent to strike out notice of appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED 1. An extension of time 2. Costs to the |
|
|
|
|
|
|
Reason: |
| The Court was satisfied that the applicant had met the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| [1] Jenny Lindsay [2] Jenny Lindsay v Thomas Edward Carty
[AXAHCVAP2015/0007] (Anguilla) |
|
|
|
Date: |
| Thursday, |
|
|
|
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 |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for 2. Costs to the |
|
|
|
|
|
|
Reason: |
| The Court was satisfied that the applicant had met the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Antigua Power Company v [1] Hon. Baldwin [2] Hon. Justin Simon [3] Ambassador, Sir [4] Clarvis Joseph [5] Esworth Martin [6] Government of [7] Public Utilities [8] Beijing Construction [9] Export and Import
[ANHUCVAP2015/0032] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Dane Hamilton, QC (Dane Hamilton & Associates) |
|
|
|
Issue: |
| Application for leave to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal 2. The applicant shall comply with the |
|
|
|
|
|
|
Reason: |
| The Court was satisfied that the applicant had met the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Myrna Norde v Jacqueline Mannix (As Personal Representative of the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Ralph |
|
|
|
Issue: |
| Application for leave to appeal |
|
|
|
|
|
|
Result / |
| IT IS ORDERED THAT: The hearing of the application is fixed for 1st |
|
|
|
|
|
|
Reason: |
| The Court noted that the applicant had not complied with |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Haynes Browne v Lena Carr, deceased
[ANUHCVAP2014/0007] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Appellant | Henry & Burnette |
|
|
|
| Respondent | Dr. David Dorsett (Watt, Dorsett & Company) |
|
|
|
Issue: |
| Application to substitute respondent
|
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. Neil Sargeant, 2. The matter shall be |
|
|
|
|
|
|
Reason: |
| The Court was satisfied that the respondent/applicant had |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Judah Benjamin v The Chief Magistrate,
[ANUMCRAP2015/0001] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Bowen |
|
|
|
Issue: |
| Application for extension of time to file notice of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for an extension of 2. The applicant shall file a notice of |
|
|
|
|
|
|
Reason: |
| The Court noted that there was no objection to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Keyon Bronile 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 |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for bail is referred 2. The Registrar of the High Court shall |
|
|
|
|
|
|
Reason: |
| The Court
“168. Every appeal shall be either by way of motion or
169. An appeal, whether by way of motion or special case, |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Terry Herbert v Her Majesty The Queen
[ANUHCRAP2015/0012] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Bowen & Bowen |
|
|
|
Issue: |
| Application for extension of time to file notice of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for an extension of 2. The applicant shall file a notice of |
|
|
|
|
|
|
Reason: |
| The court noted that there was no opposition by the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for extension of time 2. The applicant shall file a notice of |
|
|
|
|
|
|
Reason: |
| The Court noted that there was opposition by the Director |
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| George Baron v Her Majesty The Queen
[ANUHCRAP2015/0013] |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Appellant: | Bowen & Bowen |
|
|
|
Issue: |
| Application for extension of time to file notice of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for extension of time 2. The applicant shall file a notice of |
|
|
|
|
|
|
Reason: |
| The Court noted that there was opposition by the Director |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Ronald Samuel v Her Majesty The Queen
[ANUHCRAP2015/0015] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Bowen |
|
|
|
|
|
|
Issue: |
| Application |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for an extension of 2. The applicant shall file a notice of |
|
|
|
|
|
|
Reason: |
| The Court noted that there was opposition by the Director |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| David Daniel v Her Majesty The Queen
[ANUHCRAP2015/0016] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Bowen & Bowen |
|
|
|
|
|
|
Issues: |
| Application for extension of time to file notice of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for an extension of 2. The applicant shall file a notice of |
|
|
|
|
|
|
Reason: |
| The Court noted that there was opposition by the Director |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Xavier Mason Cornell Humphreys Colin Barnes Cameron Thomas Lyndon Greene v Antigua Port
[ANUHCVAP2011/0027] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Kendrickson H. Kentish (Lake & Kentish) |
|
|
|
Issue: |
| Application for extension of time to file record of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERD THAT: 1. The application for extension of time 2. The record of appeal filed on 12th |
|
|
|
|
|
|
Reason: |
| The Court was satisfied that the applicant had met the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Antigua and Barbuda Transport v Anderson Carty
[ANUHCVAP2015/0006] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Hugh C. Marshall Jnr (Marshall & Co.) |
|
|
|
Issue: |
| Application for leave to appeal – Application for stay of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the 2. The application is adjourned to the |
|
|
|
|
|
|
Reason: |
| The Court noted that the order being appeal was not |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Antigua and Barbuda v James Sebastian
[ANUHCVAP2015/0017] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Hugh C. Marshall Jnr. (Marshall & Co.) |
|
|
|
Issue: |
| Application for leave to appeal – Application for stay of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the 2. The application is adjourned to the |
|
|
|
|
|
|
Reason: |
| The Court noted that the order being appealed was not |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Antigua and Barbuda v Anique Francis
[ANUHCVAP2015/0008] (Antigua and Barbuda) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Hugh C. Marshall Jnr (Marshall & Co.) |
|
|
|
Issue: |
| Application for leave to appeal – Application for stay of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the 2. The application is adjourned to the |
|
|
|
|
|
|
Reason: |
| The Court noted that the order being appealed was not |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Eastern Caribbean v Roger Williams
[GDAHCVAP2015/0027] (Grenada) |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Amicus |
|
|
|
Issue: |
| Application |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for an extension of 2. No order as to costs. |
|
|
|
|
|
|
Reason: |
| The Court noted that the order being appeal is a costs |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 / |
| IT IS HEREBY ORDERED THAT: 1. The application for stay of execution 2. The appellant/applicant shall pay |
|
|
|
|
|
|
Reason: |
| The Court was of the opinion that the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Prickly Bay Waterside v [1] Derick Steele [2] British American |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Amicus |
|
|
|
| Respondent: | Mr. James |
|
|
|
Issues: |
| Application for extension of time to file notice of |
|
|
|
|
|
|
Result / Order: |
| IT IS HEREBY ORDERED BY CONSENT AS FOLLOWS: 1. That paragraphs 47 and 61 (2) of the 2. That the notice of appeal filed by the 3. That the appellant shall file an amended 4. That the within appeal shall proceed 5. There shall be no order as to costs. |
|
|
|
|
|
|
Reason: |
| The appellant and the second-named respondent agreed that |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Time Bourke Holdings v Issa Nicholas
[GDAHCVAP2015/0029] (Grenada) |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Ruggles Ferguson (Ciboney Chambers) |
|
|
|
Issues: |
| Application for leave to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The applicant shall 2. The application is |
|
|
|
|
|
|
Reason: |
| The Court noted that the order being appealed was not |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Velda Lewis v Grenada Ports
[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 / |
| IT IS HEREBY ORDERED THAT: Leave is granted to amend the notice of appeal in terms |
|
|
|
|
|
|
Reason: |
| The Court noted that there was no opposition to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 / |
| IT IS HEREBY ORDERD THAT: 1. The applicant shall within 14 days of 2. The application is adjourned to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Elton Andrews v The Commissioner of
[SVGMCRAP2015/0046] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
|
|
|
Issue: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT IS 1. The Registrar of the High Court shall 2. The application is adjourned to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Lorraine A. Cato v Gracelyn Cloreth Cato
[SVGHCVAP2015/0019] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Jaundy O.R. Martin (Phronesis Chambers) |
|
|
|
Issue: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT IS 1. The applicant shall provide proof of 2. The application is adjourned to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Garvey Solomon v The Commissioner of
SVGMCRAP2015/0035] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issue: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for extension of time 2. The applicant is granted leave to 3. The applicant shall file a notice of |
|
|
|
Reason: |
| The Court noted that there was no opposition to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Andrew Harry v The Commissioner of
[SVGMCRAP2015/0036] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issue: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for extension of time 2. The applicant shall file a notice of |
|
|
|
|
|
|
Reason: |
| The Court noted that there was no opposition to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Leroy Haynes v The Commissioner of
[SVGHCRAP2013/0028] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issue: |
| Application to add further grounds of appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The appeal is adjourned to the next sitting of the Court |
|
|
|
|
|
|
Reason: |
| The Court noted that there was no opposition to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Marlon Deterville v The Commissioner of
[SVGMCRAP2014/0053] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issue: |
| Application to add further grounds of appeal |
|
|
|
|
|
|
Result / |
| 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 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Romando Rodriguez v The Commissioner of
[SVGMCRAP2015/0047] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
|
|
|
Issue: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for extension of time 2. The applicant shall file a notice of |
|
|
|
Reason: |
| The Court noted that there was no opposition to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Rasheed Watson v The Commissioner of
[SVGMCRAP2015/0047] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issue: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for extension of time 2. The applicant shall file a notice of |
|
|
|
Reason: |
| The Court noted that there was no opposition to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| East 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 |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Lorenze Alvin Douglas Williams in association with |
|
|
|
Issue: |
| Application for leave to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED 1. The applicant shall file with the 2. The application is adjourned to the |
|
|
|
|
|
|
Reason: |
| The court noted that the order/decision in respect of |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Andre John v The Queen
[SVGHCRAP2015/0008] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issue: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT 1. The Registrar of the High Court shall 2. The application is adjourned to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Dwayne Stephens v The Queen
[SVGHCRAP2015/0007] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issue: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide 2. The application is adjourned to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Alaskie Samuel v The Commissioner of
[SVGMCRAP2015/0048] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issue: |
| Application |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall 2. The registrar shall provide the Court, 3. The Director of Public Prosecutions 4. The application is adjourned to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Kimron Neverson v The Queen
[SVGHCRAP2015/0009] (Saint Vincent and the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
Issues: |
| Application for extension of time to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall 2. The application is adjourned to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Clico International (Under Judicial v Deldridge Flavius
[SLUHCVAP2014/0029] (Saint Lucia) |
|
|
|
Date: |
| Thursday, |
|
|
|
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 |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The applications are set down for hearing before the Full |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| [1] Stephen Delaire [2] Brian Delaire [3] Lorraine Delaire All by their duly constituted Attorney
[SLUHCVAP2015/0025] (Saint Lucia) |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Gerard Williams (The Law Offices of Gerard R. |
|
|
|
| Respondent: | Mr. Horace Renison Fraser (Fraser & Company) |
|
|
|
Issue: |
| Application for leave to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERD THAT: 1. The applicant shall file the order of 2. The matter is adjourned to the next |
|
|
|
|
|
|
Reason: |
| The Court noted that order of inhibition of 4th |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Jane Moore v [1] Hermdrew Quality [2] Herman St. Helen [3] Andrew Anthony
[SLUHCVAP2015/0021] (Saint Lucia) |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | In person |
|
|
|
|
|
|
Issue: |
| Application for extension of time to file notice of |
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The application for extension of time to file a notice of |
|
|
|
|
|
|
Reason: |
| The Court noted the order of Baptiste JA dated 22nd |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Eldora Hodge v Vincent Buckley
[SKBHCVAP2015/0016] (Federation of Saint |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Respondent / Applicant: | Ms. Angelina Gracy Sookoo (Law Offices of Sylvester |
|
|
|
| Appellant Respondent: | Mr. Nassibou Butler (Butler, Butler & Butler) |
|
|
|
Issue: |
| Application to strike out interlocutory appeal – Failure |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. That the application to strike out the 2. Costs to the respondent in the sum of |
|
|
|
|
|
|
Reason: |
| The Court noted that the order being appealed is an |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| The Attorney General v [1] Caribe (Realties) [2]Betts Realty
[SKBHCVAP2015/0025] (Federation of Saint |
|
|
|
Date: |
| Thursday, |
|
|
|
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 |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The application is set down for hearing before the Full |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Judith Ann Bruton v First Fidelity Andrew Michael Caribbean Trust
[SKBHCVAP2015/0014] (Federation of Saint |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Ms. Myrna R. Walwyn & Associates |
|
|
|
Issue: |
| Application for leave to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERERD THAT: 1. The Chief Registrar shall bring to the 2. The Registrar of the High Court shall 3. The application is adjourned to the |
|
|
|
|
|
|
Reason: |
| The Court noted that the Registrar of the High Court had |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Junior McFarlane v Desdemona Henry
[SKBMCVAP2015/0005] (Federation of Saint |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Ms. Natasha S. Grey (Chelsey O. Hamilton & |
|
|
|
Issue: |
| Application for extension of time to file notice of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for an extension of 2. The applicant shall file a notice of |
|
|
|
|
|
|
Reason: |
| The Court noted that while the delay was lengthy, there |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Adam Bilzerian v Gerald Lou Weiner Kathleen Weiner
[SKBHCVAP2015/0018] (Federation of Saint |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Dr. Dennis |
|
|
|
|
|
|
Issue: |
| Application |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The appeal having been discontinued is 2. The appellant shall pay the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Frank Bunbury v Mike Bontiff
[BVIMCVAP2015/0003] (Territory of the |
|
|
|
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 |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The application is set down for hearing before the Full |
|
|
|
|
|
|
Reason: |
| The Court acted pursuant to CPR 62.2(5). |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Ming Shui Sum, v [1] Ming Shui Hung, [2] Shaw Siu Kuen, [3] Ming Shiu Tong v J.F. Ming Inc. [BVIHCMAP2015/0016] (Territory of the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Paul |
|
|
|
| Respondent | Mr. |
|
|
|
Issue: |
| Application for leave to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The application is set down for hearing before the Full Court |
|
|
|
|
|
|
Reason: |
| The Court noted the respondents’ statement of why |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Thornton Smith Trust v T-Tobba Company
[BVIHCVAP2015/0015] (Territory of the |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | Mr. Jamal Smith (Thornton Smith) |
|
|
|
|
|
|
Issues: |
| Application for leave to appeal – Application for stay of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The application is set down for hearing before the Full |
|
|
|
|
|
|
Reason: |
| The Court |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Ivan Gumbs v Tara Ladonna Matthias
[BVIHCVAP2015/0001] (Territory of the |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Respondent | Ms. Marie-Lou D. Creque (SCA Creque) |
|
|
|
|
|
|
Issue: |
| Application for leave to file additional grounds of |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED AND DIRECTED 1. 2. |
|
|
|
|
|
|
Reason: |
| The Court noted that there was no opposition to the |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Play La Inc. v [1] Swiss Science Com [2] Deep Blue Exploration [3] JSM Capital [4] Symphony Bowl [5] HK Electronics [6] Wales Wealth [7] Marlowe [8] Digital World [9] Harmony Ridge [10] Geoffrey Cairns [11] Kenneth Mages [12] Secure One
[BVIHCMAP2015/0008] (Territory of the |
|
|
|
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 / |
| 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 v Poco Loco Enterprises
[BVIHCVAP2015/0007] (Territory of the |
|
|
|
Date: |
| Thursday, |
|
|
|
On paper: |
|
|
| Applicant: | Mr. David A. Penn |
|
|
|
| Respondent: | Mr. Daniel Mitchell (Forbes Hare) |
|
|
|
|
|
|
Issues: |
| Application for extension of time to appeal – Application |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The application is set down for hearing before the Full |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| [1]Mark Byers [2] Mark McDonald (as Joint Liquidators [3] Pioneer Freight v Chen Ningning (Also Known as Diana
BVIHCVAP2015/0011] (Territory of the |
|
|
|
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 / |
| IT IS HEREBY BY CONSENT ORDERED THAT: 1. The appeal hearing be fixed for a 2. Costs in the appeal. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Antonio Stoutt v The Commissioner of
BVIMCRAP2015/0006] (Territory of the |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | Mr. David A Penn |
|
|
|
Issue: |
| Application for bail pending appeal |
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: The applicant is granted bail pending the determination |
|
|
|
|
|
|
Reason: |
| The court was of the view that the applicant showed |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Case Name: |
| Richardson Fontane v The State
[DOMHCRAP2015/0007] (Commonwealth of |
|
|
|
Date: |
| Thursday, 19th November 2015 |
|
|
|
On paper: |
|
|
| Applicant: | Ms. Dawn Yearwood-Stewart |
|
|
|
Issue: |
| Application for leave to appeal |
|
|
|
|
|
|
Result / |
| IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal 2. The notice of appeal filed on 20th |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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 |
|
|
|
|
|
|
Result / |
| IT IS ORDERED THAT 1. The application for 2. The time for filing 3. No order as to |
|
|
|
|
|
|
Reason: |
| The Court |