FAELLESJE v OTHNEILSYLVESTER

, .... THE EASTERN CARIBBEAN SUPREME COURT IN THE IDGH COURT OF JUSTICE SAINT VINCENT AND THE GRENADINES CLAIM NO. 86 OF 2004 ,," BETWEEN: FAELLESJE, A PRIVATE DANISH FOUNDATION Claimant and '. OTHNEILSYLVESTER Defendant Appearances: Mr. Karl Hudson Phillips Q.C., Mr. Stanley Marcus S.C., Mr. Bertram Commissiong Q.C. and Ms. Mira Commissiong for Claimants Sir Henry Forde Q.C., Mr. Russel Martineau S.C. and Mr. E. Robertson for the Defendant t . 2004: 29th November 2005: 16th February DECISION I have had the assistance of counsel on both sides in considering this application by the defendant to strike out the statement of claim. I have carefully considered the arguments and reviewed the authorities cited. At the end of that exercise I have concluded that I should refuse the defendant's application. I have given anxious thought as to whether I should supply written reasons for my decision. I have decided that as this matter is to proceed to trial that it is not

desirable for me to express any reasons as to why I have come to my decision. The case of Re Baltic Real Estate Ltd (No. I) 1993 BCLC 498 suggests that in circumstances such as the instant that this course of action is better. ~..q,.~.................. Brian S. '~ottle MASTER

, …. THE EASTERN CARIBBEAN SUPREME COURT IN THE IDGH COURT OF JUSTICE SAINT VINCENT AND THE GRENADINES CLAIM NO. 86 OF 2004 BETWEEN: FAELLESJE, A PRIVATE DANISH FOUNDATION Claimant and OTHNEILSYLVESTER Defendant Appearances: Mr. Karl Hudson Phillips Q.C., Mr. Stanley Marcus S.C., Mr. Bertram Commissiong Q.C. and Ms. Mira Commissiong for Claimants Sir Henry Forde Q.C., Mr. Russel Martineau S.C. and Mr. E. Robertson for the Defendant 2004: 29th November 2005: 16th February DECISION I have had the assistance of counsel on both sides in considering this application by the defendant to strike out the statement of claim. I have carefully considered the arguments and reviewed the authorities cited. At the end of that exercise I have concluded that I should refuse the defendant’s application. I have given anxious thought as to whether I should supply written reasons for my decision. I have decided that as this matter is to proceed to trial that it is not ,,” ‘.

t . 1 desirable for me to express any reasons as to why I have come to my decision. The case of Re Baltic Real Estate Ltd (No. I) 1993 BCLC 498 suggests that in circumstances such as the instant that this course of action is better. ~..q,.~.................. Brian S. '~ottle MASTER 2