Eastern Caribbean Supreme Court
  • About Us
    • Brief History of the Court
    • Court Overview
    • Meet the Chief Justice
    • Past Chief Justices
      • Sir Hugh Rawlins
      • Sir Brian George Keith Alleyne
      • His Lordship, the Hon. Justice Adrian Saunders
      • Hon. Sir Charles Michael Dennis Byron
      • Rt. Hon. Sir Vincent Floissac
      • Honourable Sir Lascelles Lister Robotham
      • More..
        • Hon. Neville Algernon Berridge
        • Sir Neville Peterkin
        • Sir Maurice Herbert Davis
        • Justice P. Cecil Lewis
        • Sir Allen Montgomery Lewis
    • Judicial Officers
      • Justices of Appeal
        • His Lordship, the Hon. Justice Davidson Kelvin Baptiste
        • His Lordship, the Hon. Justice Mario Michel
        • Her Ladyship, the Hon. Justice Gertel Thom
        • His Lordship, the Hon. Justice Paul Anthony Webster [Ag.]
        • His Lordship, the Hon. Justice Gerard Farara, KC
        • His Lordship, the Hon. Justice Trevor Ward, KC
      • High Court Judges
      • Masters
    • Court of Appeal Registry
    • Court Connected Mediation
      • Court-Connected Mediation Practice Direction Forms
      • Mediation Publications
    • More…
      • Career Opportunities
      • Legal Internship
      • Transcript Requests
      • Directory
  • Judgments
    • Privy Council
    • Caribbean Court of Justice
    • Court Of Appeal Judgments
    • High Court Judgments
    • Digests of Decisions
    • Country
      • Anguilla
      • Antigua & Barbuda
      • Grenada
      • Montserrat
      • Saint Kitts and Nevis
      • Saint lucia
      • Saint Vincent & The Grenadines
      • Territory of the Virgin Islands
    • Year
      • 1972 – 1990
        • 1972
        • 1973
        • 1975
        • 1987
        • 1989
        • 1990
      • 1991 – 2000
        • 1991
        • 1992
        • 1993
        • 1994
        • 1995
        • 1996
        • 1997
        • 1998
        • 1999
        • 2000
      • 2001 – 2010
        • 2001
        • 2002
        • 2003
        • 2004
        • 2005
        • 2006
        • 2007
        • 2008
        • 2009
        • 2010
      • 2011 – 2019
        • 2011
        • 2012
        • 2013
        • 2014
        • 2015
        • 2016
        • 2017
        • 2018
        • 2019
    • Judgment Focus
  • Sittings & Notices
    • Schedule of Sittings
    • Court of Appeal Sittings
    • Chamber Hearing (Appeals)
    • Case Management (Appeals)
    • High Court Sittings
    • Status Hearings
    • Special Sittings
    • Notices
  • Court Procedures & Rules
    • ECSC Court of Appeal Rules
    • ECSC (Sittings of the Court) Rules, 2014
    • Civil Procedure Rules [WEB]
    • ECSC Civil Procedure Rules
      • Civil Procedure Rules 2000 [Amendments to Nov 2015]
      • Civil Procedure (Amendment) Rules 2014
      • ECSC Civil Procedure (Amendment) (No.2) Rules
      • Civil Procedure Rules 2000 [Amendments to May 2014]
      • Civil Procedure (Amendment) Rules 2013
      • Civil Procedure (Amendment) Rules 2011
    • ECSC Criminal Procedure Rules
      • Criminal Procedure Rules SI No. 22 of 2015
    • ECSC Sentencing Guidelines
    • Non Contentious Probate Rules and Administration of Estates
    • Family Proceedings Rules
    • More..
      • Election Petition Rules
      • Legal Profession Disciplinary Procedure Rules (St. Lucia)
      • Code Of Judicial Conduct
      • Court Forms
        • Introduction of E-Filing
        • BVI Commercial Division E-Filing
        • Court-Connected Mediation Practice Direction Forms
      • Court Proceedings Fees
      • SILK Application Procedure
      • Practice Directions
      • Practice Notes
      • Video Conferencing Protocols
  • News & Publications
    • ECSC Media Gallery
    • Annual Reports
    • Appointments
    • Press Releases
    • Papers & Presentation
      • Opening of the Law Year Addresses
    • Tributes
  • E-Litigation
    • E-Litigation Portal
    • E-Litigation Instructional Videos
    • ECSC E-Litigation Portal User Information
    • Electronic Litigation Filing and Service Procedure Rules
    • Notices of Commencement
    • E-Litigation Publications
  • J.E.I
    • JEI History
    • Structure of JEI
    • JEI Chairman
    • Mandate, Objectives, Standards
    • Programmes Archive
      • Conferences
      • Programmes & Projects
      • Symposiums
      • Training
      • Workshops
    • Upcoming Activities
more
    • About Us
    • Meet the Chief Justice
    • Civil Procedure Rules
    • Mediation
    • Careers
  • Contact
  • Saved for Later
 Home  E-Litigation Portal
  •  Court Procedures And Rules
    • Civil Procedure Rules
    • Court Forms
    • Election Petition Rules
    • Practice Directions
  •  Judgments
    •  All
    •  Court of Appeal
    •  High Court
    •  Digest of Decisions
  •  Sittings
    •  All
    •  Court of Appeal
    •  High Court
  • Sign In
    
    Minimize Search Window
    •       {{item.title}} Filter By Category {{SelectedFilters.length}}x Categories 
    •       {{item.title}} {{selectedCountries.length}}x Countries Country 
    •       {{item.title}} Filter By Year {{selectedOptions.length}}x Options 
    
    Sorry can't find what you're looking for try adjusting your search terms
    Appeal
    {{doc._source.post_title}}
    Page {{indexVM.page}} of {{indexVM.pageCount}}
    pdf Text
    Home » Digests of Decisions » Court Of Appeal Sitting – 31st July 2018

     

    VIDEOCONFERENCE

    COURT OF APPEAL SITTING

    TERRITORY OF THE VIRGIN ISLANDS

    Thursday 31st July, 2018

     

       
      

    APPLICATION AND APPEAL

       
       
    Case Name: 1. Thelma Paraskevaides
    2. Christina Paraskevaides

    v

    1. Citco Trust Corporation Limited
    2. Efthyvoulos Iacovides
    3. Volkart International Ltd
    4. Adow Corporation Inc
    5. Bauru Holding Limited
    6. Knock Holding Ltd
    7. Dandyboard Ltd
    8. Beloglow Limited
    9. Fawntown limited
    10. Baricrest Limited
    11. Dabcey Corporation

     

    [BVIHCMAP2018/0046]

       
    Date: Tuesday, 31st July 2018
       
    Before:  The Hon. Dame Janice M. Pereira, Chief Justice, DBE
       
    Appearances:  
     Appellant: Mr. Vernon Flynn QC with him Mr. Christopher Pease
       
     Respondent: Mr. David Chivers QC for second and seventh to tenth respondents
     
    Ms. Akesha Adonis for first respondent
       
       
    Issue:  Application for stay – Injunction – Discharge order
       
       
    Type of Oral Result / Order Delivered: Oral Judgement or Decision
       
       
    Result / Order: IT IS HEREBY ORDERED THAT:
    1. The terms of the order (the Discharge Order) and judgment (the Judgment) of the Honourable Justice Wallbank dated 5th July 2018 but taking effect on 21st June 2018, both discharging an injunction granted by the Honourable Justice Adderley on 9th may 2018 (the Injunction) be stayed pending determination of the appellants’ appeal against the Discharge Order and the Judgment subject to the following caveats:
     
    a. There be no finding as to the authority of and/or the validity and/or effectiveness of the actions taken by or on behalf of the second respondent, which are the subject of the underlying proceedings;
     
    b. Without prejudice to the appellants’ contention (and ability to challenge) that the seventh to tenth respondents have not been validly or effectively appointed and/or do not have authority to act as directors of the eleventh respondent, paragraph 11 of the Injunction remains discharged;
     
    c. Paragraphs 14 to 16 of the Injunction remain discharged;
     
    d. Paragraphs 7 and 8 of the Discharge Order shall not be stayed, but shall be varied so that the monies are paid into escrow, to be held by the legal representatives of the first respondent and the second and seventh to tenth respondents respectively, until the determination of the appellant’s appeal.
     
    2. The appellants be allowed to dispense with the procedural requirements of filing and serving, along with the notice of appeal, written submissions in support of the appeal and bundles, and all parties be allowed to dispense with the requirement that skeleton arguments be limited to 15 pages, with the following directions to be imposed in place of those requirements;
     
    a. The appellants shall file five copies of the record of appeal with the Court Registry and serve a copy on the legal representatives for the first respondents and the second and seventh to tenth respondents by 4:00 p.m on 10th August 2018;
     
    b. The appellants shall file and serve written submissions in support of their appeal by 4:00 p.m. on 15 th August 2018;
     
    c. The second and seventh to tenth respondents shall file and serve written submissions in opposition to the appeal and in support of their cross-appeal by 4:00 p.m. on 31st August 2018;
     
    d. The appellants shall file and serve written submissions in reply and in opposition to the cross-appeal by 4:00 p.m. on 14th September 2018;
     
    e. The second and seventh to tenth respondents shall file and serve written submissions in reply on their cross-appeal by 4:00 p.m. on 21st September 2018; and
     
    f. That the appeal be listed for a 2-day hearing on the 2 nd and 3rd October 2018 in the Commonwealth of Dominica.
     
    3. The second and seventh to tenth respondents do pay the appellants’ costs of the application, to be assessed if not agreed, within 14 days of the provision to the second and seventh to tenth respondents’ legal representatives of the appellants’ schedule of costs of the application.
       
       

     

    /court-of-appeal-sitting-31st-july-2018/
     Prev
    Court of Sitting – 11th to 15th June 2018 – Antigua And Barbuda
    Next 
    Appeals Quarterly Report – January to March 2018
    Eastern Caribbean Supreme Court

    2nd Floor Heraldine Rock Building
    Waterfront
    P.O. Box 1093
    Castries
    Saint Lucia
    T: +1 758 457 3600
    E: offices@eccourts.org

    • About Us
      • Court Overview
      • Career Opportunities
      • Directory
      • Privacy Policy
    • Judgments
      • Court Of Appeal
      • High Court
    • Sittings
      • Chamber Hearing
      • Court of Appeal
      • High Court
    • News & Updates
      • Appointments
      • Press Releases
    • Civil Procedure Rules
      • Court Forms
      • Practice Directions
    © 2023 Eastern Caribbean Supreme Court. All Rights Reserved

    Submit your email address and name to subscribe for email notifcations.

    [email-subscribers-advanced-form id="1"]
    Bookmark
    Remove Item
    Sign in to continue
    or

    Bookmarked Items
    •  Home
    • Judgments
    • Sittings
    •  News
    •  more