The Petition of Marcus A. Wide v The Bankruptcy and Insolvency Act

THE EASTERN CARIBBEAN SUPREME COURT SAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE SVGHCV2016/0231 BETWEEN: IN THE MATTER OF: The Petition of Marcus A. Wide, not personally but in his capacity as Liquidator of New Bank Limited (In Liquidation) (the “Petitioner”) for an Order adjudging Thierry Dorian Nano Bankrupt AND IN THE MATTER OF: The Bankruptcy and Insolvency Act, CAP. 136 of the Laws of Saint Vincent and the Grenadines, Revised Edition 2009 Appearances: Mr. Graham Bollers for the Applicants Mr. Duane Daniel with Ms. Jenelle Gibson for the Respondent ------------------------------------------ 2019: February 6 ------------------------------------------- ADDENDUM TO JUDGMENT ON SUBMISSIONS DELIVERED ON THE 15TH JANUARY 2019

[1]Byer, J.: By judgment delivered on the 15th January 2019 I referred1 to submissions filed on behalf of the Petitioner on the sole issue of whether the Limitation Act was applicable to the Petition as filed.

[2]At the time of giving the decision the Notice of Motion for the request for the extension of time to file the submissions had not been brought to the court’s attention despite this court on its own accord having sought clarification of the same.

[3]On the 6th February 2019 the Notice of Motion seeking the extension of time to file the submissions was determined by this court. This court therefore now states that the submissions that were filed by the Petitioner on the 9thJanuary 2019 are deemed properly filed and as such are properly before the court.

[4]However as indicated in the judgment of the 15th January 2019 the same did not assist the Petitioner and this court had in any event taken the same into consideration.

Nicola Byer

HIGH COURT JUDGE

By the Court

Registrar

THE EASTERN CARIBBEAN SUPREME COURT SAINT VINCENT AND THE GRENADINES IN THE HIGH COURT OF JUSTICE SVGHCV2016/0231 BETWEEN: IN THE MATTER OF: The Petition of Marcus A. Wide, not personally but in his capacity as Liquidator of New Bank Limited (In Liquidation) (the “Petitioner”) for an Order adjudging Thierry Dorian Nano Bankrupt AND IN THE MATTER OF: The Bankruptcy and Insolvency Act, CAP. 136 of the Laws of Saint Vincent and the Grenadines, Revised Edition 2009 Appearances: : Mr. Graham Bollers for the Applicants Mr. Duane Daniel with Ms. Jenelle Gibson for the Respondent —————————————— 2019: February 6 ——————————————- ADDENDUM TO JUDGMENT ON SUBMISSIONS DELIVERED ON THE 15 TH JANUARY 2019

[1]Byer, J.: By judgment delivered on the 15 th January 2019 I referred

[2]At the time of giving the decision the Notice of Motion for the request for the extension of time to file the submissions had not been brought to the court’s attention despite this court on its own accord having sought clarification of the same.

[3]On the 6 th February 2019 the Notice of Motion seeking the extension of time to file the submissions was determined by this court. This court therefore now states that the submissions that were filed by the Petitioner on the 9 th January 2019 are deemed properly filed and as such are properly before the court.

[4]However as indicated in the judgment of the 15 th January 2019 the same did not assist the Petitioner and this court had in any event taken the same into consideration. Nicola Byer HIGH COURT JUDGE By the Court Registrar

[1]Paragraph 23 of the Judgment

[1]to submissions filed on behalf of the Petitioner on the sole issue of whether the Limitation Act was applicable to the Petition as filed.