Chamber Hearing – 23rd January 2024

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING Tuesday 23rd January 2024 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Margaret Price-Findlay, Justice of Appeal Case Name: Michael Jack v The Chief of Police [SKBMCRAP2023/0008] (Saint Christopher and Nevis) Date: Tuesday 23rd January 2024 On paper: Applicant: Self-represented Respondent: No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The application filed by the applicant on 26th October 2023 for leave to appeal against his sentence is granted.

2.The application filed by the applicant on 26th October 2023 for leave to appeal against his sentence is deemed the notice of appeal. Reason: The Court was of the view that the application for leave to appeal against sentence had met the threshold for the grant of leave. Before: The Hon. Mde. Margaret Price-Findlay, Justice of Appeal Case Name: 1. Sancus Financial Holdings Limited 2. Carson Wen

3.Julia Yuet Shan Fung v Chad Holm [BVIHCMAP2023/0025] (Territory of the Virgin Islands) Date: Tuesday, 23rd January 2024 On paper: Applicants: Mr. Alex Hall Taylor KC Respondent/Applicant: Mr. Oliver Clifton Issues: Application for leave to appeal – Stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The notice of application filed on 11th October 2023 for leave to appeal against the order of Wallbank J [Ag.] dated 20th September 2023 is granted. 2. The application for a stay of execution of the order of Wallbank J [Ag.] dated 20th September 2023 pending the determination of the appeal is granted. 3. The application for unless orders filed by the respondent on 17th November 2023 is dismissed. Reason: The Court upon considering rule 62.2(8) of the Civil Procedure Rules (Revised Edition) 2023 which states that leave to appeal may be given only where (a) the court considers that the appeal would have a realistic prospect of success; or (b) there is some other compelling reason why the appeal should be heard and the principles on which a stay is granted, including (i) the party seeking a stay must provide cogent evidence that its appeal will be stultified or rendered nugatory unless a stay is granted; (ii)the exercise of the court’s discretion to grant a stay will depend on all the circumstances of the case, and (iii) the essential question is whether there is a risk of injustice to one or both parties if a stay is granted or refused, was of the view that the applicants had met the threshold for leave to appeal and had met the requirements for the grant of a stay. Before: The Hon. Mde. Margaret Price-Findlay, Justice of Appeal Case Name: 1. Sancus Financial Holdings Limited 2. Carson Wen 3. Julia Yuet Shan Fung v Chad Holm [BVIHCMAP2023/0024] (Territory of the Virgin Islands) Date: Tuesday, 23rd January 2024 On paper: Appellants: Mr. Alex Hall Taylor KC Respondent/Applicant: Mr. Oliver Clifton Issues: Application for an unless order Result / Order: IT IS HEREBY ORDERED THAT: The application for an unless order filed by the applicant/respondent on 17thNovember 2023 is dismissed. Reason: The Court was of the view that that the order of the Court dated 23rd January 2024 in BVIHCMAP2023/0025 rendered the application for an unless order nugatory.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING Tuesday 23 rd January 2024 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Margaret Price-Findlay, Justice of Appeal Case Name: Michael Jack v The Chief of Police [SKBMCRAP2023/0008] (Saint Christopher and Nevis) Date: Tuesday 23 rd January 2024 On paper: Applicant: Self-represented Respondent: No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The application filed by the applicant on 26 th October 2023 for leave to appeal against his sentence is granted.

2.The application filed by the applicant on 26 th October 2023 for leave to appeal against his sentence is deemed the notice of appeal. Reason: The Court was of the view that the application for leave to appeal against sentence had met the threshold for the grant of leave. Before: The Hon. Mde. Margaret Price-Findlay, Justice of Appeal Case Name:

3.Julia Yuet Shan Fung v Chad Holm [BVIHCMAP2023/0025] (Territory of the Virgin Islands) Date: Tuesday, 23 rd January 2024 On paper: Applicants: Mr. Alex Hall Taylor KC Respondent/Applicant: Mr. Oliver Clifton Issues: Application for leave to appeal – Stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

1.Sancus Financial Holdings Limited

2.Carson Wen

1.The notice of application filed on 11 th October 2023 for leave to appeal against the order of Wallbank J [Ag.] dated 20th September 2023 is granted.

2.The application for a stay of execution of the order of Wallbank J [Ag.] dated 20 th September 2023 pending the determination of the appeal is granted.

3.The application for unless orders filed by the respondent on 17 th November 2023 is dismissed. Reason: The Court upon considering rule 62.2(8) of the Civil Procedure Rules (Revised Edition) 2023 which states that leave to appeal may be given only where (a) the court considers that the appeal would have a realistic prospect of success; or (b) there is some other compelling reason why the appeal should be heard and the principles on which a stay is granted, including (i) the party seeking a stay must provide cogent evidence that its appeal will be stultified or rendered nugatory unless a stay is granted; (ii)the exercise of the court’s discretion to grant a stay will depend on all the circumstances of the case, and (iii) the essential question is whether there is a risk of injustice to one or both parties if a stay is granted or refused, was of the view that the applicants had met the threshold for leave to appeal and had met the requirements for the grant of a stay. Before: The Hon. Mde. Margaret Price-Findlay, Justice of Appeal Case Name:

1.Sancus Financial Holdings Limited

2.Carson Wen

3.Julia Yuet Shan Fung v Chad Holm [BVIHCMAP2023/0024] (Territory of the Virgin Islands) Date: Tuesday, 23 rd January 2024 On paper: Appellants: Mr. Alex Hall Taylor KC Respondent/Applicant: Mr. Oliver Clifton Issues: Application for an unless order Result / Order: IT IS HEREBY ORDERED THAT: The application for an unless order filed by the applicant/respondent on 17 th November 2023 is dismissed. Reason: The Court was of the view that that the order of the Court dated 23 rd January 2024 in BVIHCMAP2023/0025 rendered the application for an unless order nugatory.