Status Hearing – 18th November 2024

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING ANGUILLA VIDEOCONFERENCE Monday 18th November 2024 APPLICATION Case Name:

[1]Tomaž Slivnik

[2]Satay Limited

[3]Helen Bayer Constable

[4]Patrick Constable

[5]Walter Bayer II

[6]Teresa Bayer

[7]Sunny Days Management Corporation

[8]Rhino LLC

[9]Diamont Company N.V.

[10]Synectics Capital Corp

[11]Ihatsu Fudosan Capital Limited

[12]Duna Holding Limited

[13]Mars Exploration Inc.

[14]Estate of David A. Crowley

[15]Equipment Leasing Ltd

[16]International Mortgages Limited

[17]The Little Ship Company Ltd

[18]Estate of Raymond Longbottom v [1] Martin Dinning (as Conservator) [2] Hudson Carr (as Conservator) [3] Shawn Williams (as Conservator) [4] Robert Miller (as Conservator) [5] Eastern Caribbean Central Bank [6] Anguilla Financial Services Commission [7] Attorney General of Anguilla [8] Foreign, Commonwealth and Development Office [9] National Bank of Anguilla Limited (in receivership) [10] Caribbean Commercial Bank Limited (in receivership) [11] Gary Moving (as receiver of NBA and CCB) [12] National Commercial Bank of Anguilla Limited [AXAHCVAP2023/0005] (Anguilla) Date: Monday, 18th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In Person Respondents: Ms. Navine Fleming for the 2nd, 3rd, 5th, 9th, 10th and 11th respondents Ms. Yanique Stewart for the 6th respondent and Mr. William Hare and Mr. Christopher Young for the 12th respondent Ms. Suzy St Brice representative for the 2nd, 3rd, 5th, 9th, 10th and 11th respondents Mrs. Fiona Barnes for the 6th respondent Issues: Status of the matter Type of Order: Oral decision Result / Order: IT IS HEREBY ORDERED THAT: The matter is listed for hearing at the next sitting of the Court of Appeal for the territory of Anguilla scheduled for the week commencing 5th May 2025. Reason: The respondent indicated that his application for leave to appeal to the JCPC was refused and that the Order sent by the JCPC contained an error. The appellant indicated that he was in the process of requesting that the order be corrected. In the light of the time taken to amend the Order as well as issues regarding the appellant’s health, the Chief Registrar was minded to list the matter for hearing at the next sitting of the Court of Appeal for the territory of Anguilla. HIGH COURT CIVIL APPEAL Case Name: Allin Durand v [1] Superintendent of Prisons [2] Attorney General of Anguilla [AXAHCVAP2022/0003] Date: Monday, 18th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In Person Respondents: Mr. Theon Tross Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The respondent shall inform the appellant of the documents they wish to have in accordance with Rule 62.15 (2) of the Eastern Caribbean Supreme Court Civil Procedure Rules (Revised Edition) 2023 on or before the 22nd November 2024. 2. The appellant shall file and serve the record of appeal on or before the 17th January 2025. 3. The appellant is at liberty to file and serve written submissions with authorities on or before 17th February 2025. 4. The respondent shall file and serve written submissions with authorities on or before 17th March 2025. 5. The appellant is at liberty to file written submissions in reply on or before the 1st April 2025. 6. This appeal will be listed for hearing at the Court of Appeal sitting for the territory of the Virgin Islands on a date to be fixed by the Chief Registrar. 7. The Registrar of the High Court shall serve a copy of this Order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the appellant had not gained legal representation since the order of the Court at the last status hearing dated 10th April 2024 directing him to do so. The appellant requested more time to retain legal counsel but the Crown objects to the request for an adjournment to allow him to do so. The Court also noted that the record of appeal had not been filed. In the circumstances the Court was minded to order that the matter be listed for hearing at a Court of Appeal sitting for the territory of The Virgin Islands on a date to be fixed by the Chief Registrar on the matter being ready for hearing. MAGISTERIAL CIVIL APPEAL Case Name: Cassandra Mitchell v Margaret Lerlin Charles [GDAMCVAP2023/0001] Date: Monday, 18th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In Person Respondents: Mr. Ruggles Ferguson, KC with him Ms. Danyish Harford Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The parties are allowed to engage in mediation in this matter in an attempt to resolve the issues in relation to the appeal. 2. The parties shall agree to a mediator from the roster of mediators from the Eastern Caribbean Supreme Court and shall inform the Court of the name of the mediator selected on or before the 25th November 2024. 3. The matter is adjourned to the next status hearing of the court of appeal of Grenada scheduled for the 20th January 2025 for report. 4. The Registrar of the High Court is directed to serve a copy of this order on the appellant td to provide proof of service thereafter. Reason: The Court was minded to adjourn the matter to the next sitting of the Court for Grenada and to allow the parties to resolve the matter via mediation in the interim. HIGH COURT CRIMINAL APPEALS AGAINST CONVICTION Case Name: Salim Akil Richardson v The King [AXAHCRAP2022/0002] Date: 18th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Darshan Ramdhani, KC with him Mr. Carlyle Rogers Respondents: Mr. Theon Tross Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 18th February 2025. 2. The respondent shall file and serve written submissions with authorities on or before 18th March 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 8th April 2025. 4. This appeal will be listed for hearing at a Court of Appeal sitting for the Territory of Anguilla, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted the Order dated 22nd October 2024 granting permission to amend the grounds of appeal in the notice of appeal and that the amended notice of appeal was filed on 25th October 2024. The Court was therefore minded to give directions for the filing of written submissions with authorities. Case Name: Shaquille O’Neil Gumbs v The King [AXAHCRAP2022/0001] Date: Monday, 18th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Carlyle Rogers Respondents: Mr. Theon Tross Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 25th February 2025. 2. The respondent shall file and serve written submissions with authorities on or before 25th March 2025. 3. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22nd April 2025. 4. This appeal will be listed for hearing at a Court of Appeal sitting for the Territory of Anguilla, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted the Order of Price-Findlay JA dated 22nd October 2024 granting permission to amend the notice of appeal within 14 days and that the amended notice of appeal was filed on 25th October 2024. The Court was therefore minded to give directions for the filing of written submissions with authorities. Case Name: Trevon Belle v The Commissioner of Police [AXAMCRAP2022/0001] Date: Monday, 18th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. D. Michael Bourne Respondents: Mr. Theon Tross Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Territory of Anguilla scheduled for 28th April 2025 to allow the appellant to make an application to amend the grounds of appeal. Reason: The appellant requested leave to make an application to amend the grounds of appeal, undertaking to have the amended notice of application filed by 29th November 2024.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING ANGUILLA VIDEOCONFERENCE Monday 18 th November 2024 APPLICATION Case Name:

[1]Tomaž Slivnik

[2]Satay Limited

[3]Helen Bayer Constable

[4]Patrick Constable

[5]Walter Bayer II

[6]Teresa Bayer

[7]Sunny Days Management Corporation

[8]Rhino LLC

[9]Diamont Company N.V.

[10]Synectics Capital Corp

[11]Ihatsu Fudosan Capital Limited

[12]Duna Holding Limited

[13]Mars Exploration Inc.

[14]Estate of David A. Crowley

[15]Equipment Leasing Ltd

[16]International Mortgages Limited

[17]The Little Ship Company Ltd

[18]Estate of Raymond Longbottom v

[1]Martin Dinning (as Conservator)

[2]Hudson Carr (as Conservator)

[3]Shawn Williams (as Conservator)

[4]Robert Miller (as Conservator)

[5]Eastern Caribbean Central Bank

[6]Anguilla Financial Services Commission

[7]Attorney General of Anguilla

[8]Foreign, Commonwealth and Development Office

[9]National Bank of Anguilla Limited (in receivership)

[10]Caribbean Commercial Bank Limited (in receivership)

[11]Gary Moving (as receiver of NBA and CCB)

[12]National Commercial Bank of Anguilla Limited [ AXAHCVAP2023/0005] ( Anguilla) Date: Monday, 18 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In Person Respondents: Ms. Navine Fleming for the 2 nd , 3 rd , 5 th , 9 th , 10 th and 11 th respondents Ms. Yanique Stewart for the 6 th respondent and Mr. William Hare and Mr. Christopher Young for the 12 th respondent Ms. Suzy St Brice representative for the 2 nd , 3 rd , 5 th , 9 th , 10 th and 11 th respondents Mrs. Fiona Barnes for the 6 th respondent Issues: Status of the matter Type of Order: Oral decision Result / Order: IT IS HEREBY ORDERED THAT: The matter is listed for hearing at the next sitting of the Court of Appeal for the territory of Anguilla scheduled for the week commencing 5 th May 2025. Reason: The respondent indicated that his application for leave to appeal to the JCPC was refused and that the Order sent by the JCPC contained an error. The appellant indicated that he was in the process of requesting that the order be corrected. In the light of the time taken to amend the Order as well as issues regarding the appellant’s health, the Chief Registrar was minded to list the matter for hearing at the next sitting of the Court of Appeal for the territory of Anguilla. HIGH COURT CIVIL APPEAL Case Name: Allin Durand v

[1]Superintendent of Prisons

[2]Attorney General of Anguilla [AXAHCVAP2022/0003] Date: Monday, 18 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In Person Respondents: Mr. Theon Tross Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The respondent shall inform the appellant of the documents they wish to have in accordance with Rule 62.15 (2) of the Eastern Caribbean Supreme Court Civil Procedure Rules (Revised Edition) 2023 on or before the 22 nd November 2024.

2.The appellant shall file and serve the record of appeal on or before the 17 th January 2025.

3.The appellant is at liberty to file and serve written submissions with authorities on or before 17 th February 2025.

4.The respondent shall file and serve written submissions with authorities on or before 17 th March 2025.

5.The appellant is at liberty to file written submissions in reply on or before the 1 st April 2025.

6.This appeal will be listed for hearing at the Court of Appeal sitting for the territory of the Virgin Islands on a date to be fixed by the Chief Registrar.

7.The Registrar of the High Court shall serve a copy of this Order on the appellant and shall provide proof of service thereafter. Reason: The Court noted that the appellant had not gained legal representation since the order of the Court at the last status hearing dated 10 th April 2024 directing him to do so. The appellant requested more time to retain legal counsel but the Crown objects to the request for an adjournment to allow him to do so. The Court also noted that the record of appeal had not been filed. In the circumstances the Court was minded to order that the matter be listed for hearing at a Court of Appeal sitting for the territory of The Virgin Islands on a date to be fixed by the Chief Registrar on the matter being ready for hearing. MAGISTERIAL CIVIL APPEAL Case Name: Cassandra Mitchell v Margaret Lerlin Charles [GDAMCVAP2023/0001] Date: Monday, 18 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: In Person Respondents: Mr. Ruggles Ferguson, KC with him Ms. Danyish Harford Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT:

1.The parties are allowed to engage in mediation in this matter in an attempt to resolve the issues in relation to the appeal.

2.The parties shall agree to a mediator from the roster of mediators from the Eastern Caribbean Supreme Court and shall inform the Court of the name of the mediator selected on or before the 25 th November 2024.

3.The matter is adjourned to the next status hearing of the court of appeal of Grenada scheduled for the 20 th January 2025 for report.

4.The Registrar of the High Court is directed to serve a copy of this order on the appellant td to provide proof of service thereafter. Reason: The Court was minded to adjourn the matter to the next sitting of the Court for Grenada and to allow the parties to resolve the matter via mediation in the interim. HIGH COURT CRIMINAL APPEALS AGAINST CONVICTION Case Name: Salim Akil Richardson v The King [AXAHCRAP2022/0002] Date: th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Darshan Ramdhani, KC with him Mr. Carlyle Rogers Respondents: Mr. Theon Tross Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 18 th February 2025. The respondent shall file and serve written submissions with authorities on or before 18 th March 2025. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 8 th April 2025. This appeal will be listed for hearing at a Court of Appeal sitting for the Territory of Anguilla, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted the Order dated 22 nd October 2024 granting permission to amend the grounds of appeal in the notice of appeal and that the amended notice of appeal was filed on 25 th October 2024. The Court was therefore minded to give directions for the filing of written submissions with authorities. Case Name: Shaquille O’Neil Gumbs v The King [AXAHCRAP2022/0001] Date: Monday, 18 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Carlyle Rogers Respondents: Mr. Theon Tross Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The appellant shall file and serve written submissions with authorities on or before 25 th February 2025. The respondent shall file and serve written submissions with authorities on or before 25 th March 2025. The appellant is at liberty to file and serve written submissions with authorities in reply, if necessary, on or before 22 nd April 2025. This appeal will be listed for hearing at a Court of Appeal sitting for the Territory of Anguilla, on a date to be fixed by the Chief Registrar on the matter being ready for hearing. Reason: The Court noted the Order of Price-Findlay JA dated 22 nd October 2024 granting permission to amend the notice of appeal within 14 days and that the amended notice of appeal was filed on 25 th October 2024. The Court was therefore minded to give directions for the filing of written submissions with authorities. Case Name: Trevon Belle v The Commissioner of Police [AXAMCRAP2022/0001] Date: Monday, 18 th November 2024 Coram: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. D. Michael Bourne Respondents: Mr. Theon Tross Issues: Status of the matter Type of Order: Oral Decision Result / Order: [Oral Delivery] IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the court of appeal for the Territory of Anguilla scheduled for 28 th April 2025 to allow the appellant to make an application to amend the grounds of appeal. Reason: The appellant requested leave to make an application to amend the grounds of appeal, undertaking to have the amended notice of application filed by 29 th November 2024.