Chamber Hearing – 27th June 2023

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 27th June 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Mario Michel, Justice of Appeal Case Name: Redcliffe Holdings Limited v

[1]Edward Meyer

[2]Kathleen Meyer

[3]William Cooper [ANUHCVAP2023/0018] (Antigua and Barbuda) Date: Tuesday, 27th June 2023 On paper: Applicant: Ms. Jacqueline Walwyn Respondent: No appearance Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against the order of Master Michel dated 13th April 2023 is granted. Reason: The Court was of the view that the applicant met the threshold for the grant of leave to appeal. Case Name: [1] Peter Ducreay [2] Maria Leblanc Ducreay v Melisa Malita Stedman [DOMHCVAP2023/0007] (Commonwealth of Dominica) Date: Tuesday, 27th June 2023 On paper: Applicants: In person Respondent: No appearance Issues: Application for leave to appeal against costs order Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against the costs order of Master Pariagsingh dated 12th April 2023 is dismissed as a nullity. Reason: The application was out of time and unaccompanied by an application for an extension of time. Case Name: In the Matter of Karen Anderson and Peter Mahlstedt [DOMHCVAP2023/0008] [Commonwealth of Dominica] Date: Tuesday, 27th June 2023 On paper: Applicant: Singoalla Blomqvist-Williams Respondent: No appearance Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the order of Astaphan J [Ag] delivered on 3rd May 2023 within 14 days of the date of this order. 2. The application for leave to appeal is adjourned for consideration at the next Chamber Sitting of this Court scheduled for 20th July 2023. Reason: The order being appealed did not accompany the application for leave to appeal. Case Name: Anthony Goodman v Joann Goodman [GDAHCVAP2023/0018] IT IS HEREBY ORDERED THAT: 1. The applicant shall file written submissions in support of the application for a stay of execution of the order of Glasgow J dated 14th April 2023. 2. The applicant shall serve the notice of application, (Grenada) Date: Tuesday, 27th June 2023 Appearances: Applicant: Mr. Jerry Edwin Respondent: No appearance Issues: Application for stay of execution Result / Order: affidavit in support, draft order and written submissions in support, together with the authorisation code generated by the Electronic Litigation Portal in accordance with rule 13 of the Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) (Amendment) Rules, 2019, on the respondent and shall provide proof of service thereof within 14 days of the date of this order. 3. The application for a stay of execution of the order of Glasgow J dated 14th April 2023 is adjourned for consideration at the next Chamber Sitting of this Court scheduled for 20th July 2023. Reason: The Court noted that there was no evidence that the authorisation code generated by the Electronic Litigation Portal was served on the respondents in accordance with sub-rule (3) of the Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) (Amendment) Rules 2019. The Court was also of the view that written submissions in support of the application ought to be filed. Case Name: Raheeman Joy Frederick and [1] Phillip Neptune [2] Marva Neptune [3] Zorina Fredrick

[4]Cecilia Phyllis Frederick [GDAHCVAP2022/0023] (Grenada) Date: Tuesday, 27th June 2023 Appearances: Applicant: Mr. Ruggles Ferguson KC Respondents: Mr. Ruggles Ferguson KC Issues: Application for substitution of party Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant’s notice of application to be substituted in the place of Cecilia Phyllis Frederick, deceased, in her representative capacity as Administratrix of the Estate of Albert Nicholas Frederick is granted. 2. The applicant is to file and serve copies of this order on all parties to the matter and provide proof of service thereof within 14 days of this order. Reason: The Court was satisfied that the application for substitution should be granted. Case Name: Massy Properties (Trinidad) Ltd. v [1] Basel Algharbi [2] Toni Algharbi [3] Norab Mansour [4] Rohit Persaud

[5]Jason Fleming [GDAHCVAP2023/0022] (Grenada) Date: Tuesday, 27th June 2023 Appearances: Applicant: Respondents: Ms. Melissa Modeste-Singh First respondent in person Second respondent in person Mr. Anselm Clouden for the third respondent Fourth respondent in person Issues: Application for leave to appeal – Application for a stay Result / Order: IT IS HEREBY ORDERED: 1. The application for an extension of time to apply for leave to appeal the order of Master Michel dated 28th April 2023 is granted. 2. The application for leave to appeal and a stay of the order of Master Michel dated 28th April 2023 is referred for hearing by the Full Court at a date to be fixed by the Chief Registrar. Reason: The Court was satisfied that leave should be granted to the applicant to appeal. The court also considered the principles on which a stay is granted and was satisfied that a stay should be granted. Case Name: Vernon Richardson v The Director of Public Prosecutions [SKBHCRAP2023/0005] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED: 1. Leave is granted to the applicant to appeal the sentence of 22 years imprisonment imposed on 2nd May 2023. 2. The notice of application for leave to appeal filed on 12th May 2023 is deemed to be the notice of appeal. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the respondent and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his sentence. Case Name: Ashley Harris v Director of Public Prosecutions [SKBHCRAP2023/0008] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to the applicant to appeal his sentence of 17 years imprisonment imposed on 15th May 2023. 2. The notice of application for leave to appeal filed on 23rd May 2023 is deemed to be the notice of appeal. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the respondent and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his sentence. Case Name: Ashley Harris v Director of Public Prosecutions [SKBHCRAP2023/0009] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to the applicant to appeal his conviction for rape and his sentence of 16 years. 2. The notice of application filed on 23rd May 2023 is deemed to be the notice of appeal. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and on the respondent and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his sentence. Case Name: Devon Ford v The Director of Public Prosecutions [SKBHCRAP2023/0007] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: Respondent: In person In person IT IS HEREBY ORDERED THAT: Issues: Application for leave to appeal against sentence Result / Order: 1. The applicant shall file and serve on the Director of Public Prosecutions a notice of application for an extension of the time within which to apply for leave to appeal. 2. The applications for an extension of time and for leave to appeal sentence are adjourned to the next Chamber Sitting of the Court scheduled for 20th July 2023. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and the respondent within 7 days and shall provide proof of service thereof. Reason: The Court noted that the application for leave to appeal was out of time and was not accompanied by application for an extension of time to apply for leave to appeal. Case Name: Phoenix Southwell v Director of Public Prosecutions [SKBHCRAP2023/0006] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Further consideration of this application is adjourned to Monday 10th July 2023. 2. The Registrar of the High Court shall serve a copy of this order on the applicant and respondent within 7 days of the date of the order and provide proof of service to this Court thereafter. Reason: The Court noted that the application was out of time and was not accompanied by an application for an extension of time. Case Name: [1] Magistrate Bertlyn Reynolds [2] Financial Intelligence Authority v [1] Peter Hippolyte [2] Michael Augustin [3] Martinus Alexander [SLUHCVAP2022/0019] (Saint Lucia) Date: Tuesday, 27th June 2023 Appearances: Appellants: Mr. George Charlemagne Respondents: Mr. Horace Fraser Issues: Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the judgment of Innocent J, delivered on 1st December 2022, pending the hearing and determination of the appeal is granted. Reason: The Court was of the view that the applicant met the threshold for the grant of a stay of execution. Case Name: [1] David Shimeld [2] Paul Kerridge [3] Jane Stables v Drake Marina Village Limited [SLUHCVAP2023/0013] (Saint Lucia) Date: Tuesday, 27th June 2023 Appearances: Applicants: Mr. Gerard Williams Respondent: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to the applicants to appeal the decision of Innocent J dated 18th May 2023. 2. The applicants shall file and serve the notice of appeal within 21 days of the date of this order. 3. The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicants met the threshold for the grant of leave to appeal. Case Name: Mwata Henry v The King [SVGHCRAP2023/0011] (Saint Vincent and the Grenadines) Date: Tuesday, 27th June 2023 Appearances: Applicant: Ms. Kay Bacchus-Baptiste Respondent: No appearance Issues: Notice of application Result / Order: IT IS HEREBY ORDERED THAT: 1. The application filed on 12th May 2023 is dismissed. 2. The Registrar of the High Court shall serve a copy of this order on the applicant and provide this Court with proof of service thereof. Reason: The notice of application did not disclose any identifiable reliefs sought from the Court. Case Name: Rolando Cato v The King [SVGHCRAP2023/0012] (Saint Vincent and the Grenadines) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: Ms. Tammika Da Silva - Mc Kenzie, Office of the Director of Public Prosecutions Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to the applicant to appeal his conviction and sentence for the offences of possession of a firearm with intent to commit an offence and robbery. 2. The notice of application filed on 26th May 2023 is deemed to be the notice of appeal. 3. The Registrar of the High Court shall serve a copy of this order on the applicant and provide this Court with proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his conviction and sentence. Case Name: Joffrey James v The King [SVGHCRAP2023/0008] (Saint Vincent and the Grenadines) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: Ms. Tammika Da Silva - Mc Kenzie, Office of the Director of Public Prosecutions Issues: Application for legal aid Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall provide this Court with an affidavit evidencing his financial means within 14 days of the date of this order. 2. The application by way of letter seeking legal aid is adjourned for consideration at the next Chamber Sitting of this Court scheduled for 20th July 2023. 3. The Registrar of the High Court shall serve a copy of this order on the appellant and provide this Court with proof of service thereof. Reason: The Court noted that the appellant failed to provide evidence to satisfy the Court that he does not have sufficient means to enable him to obtain legal representation. Case Name: [1] Lam Wo Ping [2] Lam Kin Chung v [1] Chen Jian Yun [2] Zhong Da Mining Holding Limited [BVIHCMAP2023/0006] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicants: Mr. Simon Hall Respondents: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to the applicants to appeal the order of Mangatal J (Ag) dated 25th April 2023. 2. The applicants shall file and serve the notice of appeal within 21 days of the date of this order. 3. The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicants met the threshold for the grant of leave to appeal. Case Name: Charmaine Rosan-Bunbury v [1] Attorney General [2] Commissioner of Police [BVIHCVAP2015/0017] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicant: Mr. David Penn Respondents: No appearance Issues: Application for substitution of party Result / Order: IT IS HEREBY ORDERED THAT: Further consideration of this application is adjourned to Monday 10th July 2023. Reason: N/A Case Name: Marcianno Pickering v [1] Enid Geraldine Pickering [2] Dacia Orelita Pickering [3] Pauline Pickering [BVIHCVAP2023/0002] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicant: Ms. Karlene Thomas-Lucien Respondents: Ms. Anthea Smith Issues: Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of Felix- Evans J (Ag.) dated 6th April 2023 is refused. Reason: The Court considered the principles on which a stay is granted and was of the view that the applicant had not satisfied the requirements for the grant of a stay. Case Name: Betetto Frett v First Bank Puerto Rico [BVIHCMAP2022/0066] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicant: Ms. Carmilita Jamieson Respondent: Ms. Jhneil Stewart Issues: Application for security for costs Result / Order: IT IS HEREBY ORDERED THAT: The appellant, Mr. Betteto Frett, shall give security for the respondent/applicant’s costs of the appeal herein by paying the sum of US $150,000.00 into court within 21 days of this order. Reason: The Court was of the view that the requirements for the grant of security for costs have been satisfied by the applicant. Case Name: Kelon Browne v Kay Barry [BVIHCMAP2023/0002] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicant: Ms. Marie-Lou Creque Respondent: In person Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of the order of Magistrate Benjamin made on 12th May 2023 pending the hearing and determination of the appeal is granted. Reason: The Court considered the principles on which a stay is granted and was of the view that the applicant had satisfied the requirements for the grant of a stay.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th June 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Mario Michel, Justice of Appeal Case Name: Redcliffe Holdings Limited v

[1]Edward Meyer

[2]Kathleen Meyer

[3]William Cooper [ANUHCVAP2023/0018] (Antigua and Barbuda) Date: Tuesday, 27th June 2023 On paper: Applicant: Ms. Jacqueline Walwyn Respondent: No appearance Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against the order of Master Michel dated 13th April 2023 is granted. Reason: The Court was of the view that the applicant met the threshold for the grant of leave to appeal. Case Name:

[4]Cecilia Phyllis Frederick [GDAHCVAP2022/0023] (Grenada) Date: Tuesday, 27th June 2023 Appearances: Applicant: Mr. Ruggles Ferguson KC Respondents: Mr. Ruggles Ferguson KC Issues: Application for substitution of party Result / Order: IT IS HEREBY ORDERED THAT:

[5]Jason Fleming [GDAHCVAP2023/0022] (Grenada) Date: Tuesday, 27th June 2023 Appearances: Applicant: Respondents: Ms. Melissa Modeste-Singh First respondent in person Second respondent in person Mr. Anselm Clouden for the third respondent Fourth respondent in person Issues: Application for leave to appeal – Application for a stay Result / Order: IT IS HEREBY ORDERED:

[1]Peter Ducreay

[2]Maria Leblanc Ducreay v Melisa Malita Stedman [DOMHCVAP2023/0007] (Commonwealth of Dominica) Date: Tuesday, 27th June 2023 On paper: Applicants: In person Respondent: No appearance Issues: Application for leave to appeal against costs order Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against the costs order of Master Pariagsingh dated 12th April 2023 is dismissed as a nullity. Reason: The application was out of time and unaccompanied by an application for an extension of time. Case Name: In the Matter of Karen Anderson and Peter Mahlstedt [DOMHCVAP2023/0008] [Commonwealth of Dominica ] Date: Tuesday, 27th June 2023 On paper: Applicant: Respondent: Singoalla Blomqvist-Williams No appearance Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file a copy of the order of Astaphan J [Ag] delivered on 3rd May 2023 within 14 days of the date of this order.

2.The application for leave to appeal is adjourned for consideration at the next Chamber Sitting of this Court scheduled for 20th July 2023. Reason: The order being appealed did not accompany the application for leave to appeal. Case Name: Anthony Goodman v Joann Goodman [GDAHCVAP2023/0018] (Grenada) Date: Tuesday, 27th June 2023 Appearances: Applicant: Mr. Jerry Edwin Respondent: No appearance Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file written submissions in support of the application for a stay of execution of the order of Glasgow J dated 14th April 2023.

2.The applicant shall serve the notice of application, affidavit in support, draft order and written submissions in support, together with the authorisation code generated by the Electronic Litigation Portal in accordance with rule 13 of the Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) (Amendment) Rules, 2019, on the respondent and shall provide proof of service thereof within 14 days of the date of this order.

3.The application for a stay of execution of the order of Glasgow J dated 14th April 2023 is adjourned for consideration at the next Chamber Sitting of this Court scheduled for 20th July 2023. Reason: The Court noted that there was no evidence that the authorisation code generated by the Electronic Litigation Portal was served on the respondents in accordance with sub-rule (3) of the Eastern Caribbean Supreme Court (Electronic Litigation Filing and Service Procedure) (Amendment) Rules 2019. The Court was also of the view that written submissions in support of the application ought to be filed. Case Name: Raheeman Joy Frederick and

[1]Phillip Neptune

[2]Marva Neptune

[3]Zorina Fredrick

1.The applicant’s notice of application to be substituted in the place of Cecilia Phyllis Frederick, deceased, in her representative capacity as Administratrix of the Estate of Albert Nicholas Frederick is granted.

2.The applicant is to file and serve copies of this order on all parties to the matter and provide proof of service thereof within 14 days of this order. Reason: The Court was satisfied that the application for substitution should be granted. Case Name: Massy Properties (Trinidad) Ltd. v

[1]Basel Algharbi

[2]Toni Algharbi

[3]Norab Mansour

[4]Rohit Persaud

1.The application for an extension of time to apply for leave to appeal the order of Master Michel dated 28th April 2023 is granted.

2.The application for leave to appeal and a stay of the order of Master Michel dated 28th April 2023 is referred for hearing by the Full Court at a date to be fixed by the Chief Registrar. Reason: The Court was satisfied that leave should be granted to the applicant to appeal. The court also considered the principles on which a stay is granted and was satisfied that a stay should be granted. Case Name: Vernon Richardson v The Director of Public Prosecutions [SKBHCRAP2023/0005] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED:

1.Leave is granted to the applicant to appeal the sentence of 22 years imprisonment imposed on 2nd May 2023.

2.The notice of application for leave to appeal filed on 12th May 2023 is deemed to be the notice of appeal.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the respondent and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his sentence. Case Name: Ashley Harris v Director of Public Prosecutions [SKBHCRAP2023/0008] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to the applicant to appeal his sentence of 17 years imprisonment imposed on 15th May 2023.

2.The notice of application for leave to appeal filed on 23rd May 2023 is deemed to be the notice of appeal.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the respondent and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his sentence. Case Name: Ashley Harris v Director of Public Prosecutions [SKBHCRAP2023/0009] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to the applicant to appeal his conviction for rape and his sentence of 16 years.

2.The notice of application filed on 23rd May 2023 is deemed to be the notice of appeal.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and on the respondent and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his sentence. Case Name: Devon Ford v The Director of Public Prosecutions [SKBHCRAP2023/0007] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: Respondent: In person In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file and serve on the Director of Public Prosecutions a notice of application for an extension of the time within which to apply for leave to appeal.

2.The applications for an extension of time and for leave to appeal sentence are adjourned to the next Chamber Sitting of the Court scheduled for 20th July 2023.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and the respondent within 7 days and shall provide proof of service thereof. Reason: The Court noted that the application for leave to appeal was out of time and was not accompanied by application for an extension of time to apply for leave to appeal. Case Name: Phoenix Southwell v Director of Public Prosecutions [SKBHCRAP2023/0006] (Saint Kitts and Nevis) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Further consideration of this application is adjourned to Monday 10th July 2023.

2.The Registrar of the High Court shall serve a copy of this order on the applicant and respondent within 7 days of the date of the order and provide proof of service to this Court thereafter. Reason: The Court noted that the application was out of time and was not accompanied by an application for an extension of time. Case Name:

[1]Magistrate Bertlyn Reynolds

[2]Financial Intelligence Authority v

[1]Peter Hippolyte

[2]Michael Augustin

[3]Martinus Alexander [SLUHCVAP2022/0019] (Saint Lucia) Date: Tuesday, 27th June 2023 Appearances: Appellants: Mr. George Charlemagne Respondents: Mr. Horace Fraser Issues: Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the judgment of Innocent J, delivered on 1st December 2022, pending the hearing and determination of the appeal is granted. Reason: The Court was of the view that the applicant met the threshold for the grant of a stay of execution. Case Name:

[1]David Shimeld

[2]Paul Kerridge

[3]Jane Stables v Drake Marina Village Limited [SLUHCVAP2023/0013] (Saint Lucia) Date: Tuesday, 27th June 2023 Appearances: Applicants: Mr. Gerard Williams Respondent: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to the applicants to appeal the decision of Innocent J dated 18th May 2023.

2.The applicants shall file and serve the notice of appeal within 21 days of the date of this order.

3.The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicants met the threshold for the grant of leave to appeal. Case Name: Mwata Henry v The King [SVGHCRAP2023/0011] (Saint Vincent and the Grenadines) Date: Tuesday, 27th June 2023 Appearances: Applicant: Ms. Kay Bacchus-Baptiste Respondent: No appearance Issues: Notice of application Result / Order: IT IS HEREBY ORDERED THAT:

1.The application filed on 12th May 2023 is dismissed.

2.The Registrar of the High Court shall serve a copy of this order on the applicant and provide this Court with proof of service thereof. Reason: The notice of application did not disclose any identifiable reliefs sought from the Court. Case Name: Rolando Cato v The King [SVGHCRAP2023/0012] (Saint Vincent and the Grenadines) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: Ms. Tammika Da Silva – Mc Kenzie, Office of the Director of Public Prosecutions Issues: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to the applicant to appeal his conviction and sentence for the offences of possession of a firearm with intent to commit an offence and robbery.

2.The notice of application filed on 26th May 2023 is deemed to be the notice of appeal.

3.The Registrar of the High Court shall serve a copy of this order on the applicant and provide this Court with proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against his conviction and sentence. Case Name: Joffrey James v The King [SVGHCRAP2023/0008] (Saint Vincent and the Grenadines) Date: Tuesday, 27th June 2023 Appearances: Applicant: In person Respondent: Ms. Tammika Da Silva – Mc Kenzie, Office of the Director of Public Prosecutions Issues: Application for legal aid Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall provide this Court with an affidavit evidencing his financial means within 14 days of the date of this order.

2.The application by way of letter seeking legal aid is adjourned for consideration at the next Chamber Sitting of this Court scheduled for 20th July 2023.

3.The Registrar of the High Court shall serve a copy of this order on the appellant and provide this Court with proof of service thereof. Reason: The Court noted that the appellant failed to provide evidence to satisfy the Court that he does not have sufficient means to enable him to obtain legal representation. Case Name:

[1]Lam Wo Ping

[2]Lam Kin Chung v

[1]Chen Jian Yun

[2]Zhong Da Mining Holding Limited [BVIHCMAP2023/0006] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicants: Mr. Simon Hall Respondents: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to the applicants to appeal the order of Mangatal J (Ag) dated 25th April 2023.

2.The applicants shall file and serve the notice of appeal within 21 days of the date of this order.

3.The appeal shall proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicants met the threshold for the grant of leave to appeal. Case Name: Charmaine Rosan-Bunbury v

[1]Attorney General

[2]Commissioner of Police [BVIHCVAP2015/0017] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicant: Mr. David Penn Respondents: No appearance Issues: Application for substitution of party Result / Order: IT IS HEREBY ORDERED THAT: Further consideration of this application is adjourned to Monday 10th July 2023. Reason: N/A Case Name: Marcianno Pickering v

[1]Enid Geraldine Pickering

[2]Dacia Orelita Pickering

[3]Pauline Pickering [BVIHCVAP2023/0002] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicant: Ms. Karlene Thomas-Lucien Respondents: Ms. Anthea Smith Issues: Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of Felix-Evans J (Ag.) dated 6th April 2023 is refused. Reason: The Court considered the principles on which a stay is granted and was of the view that the applicant had not satisfied the requirements for the grant of a stay. Case Name: Betetto Frett v First Bank Puerto Rico [BVIHCMAP2022/0066] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicant: Ms. Carmilita Jamieson Respondent: Ms. Jhneil Stewart Issues: Application for security for costs Result / Order: IT IS HEREBY ORDERED THAT: The appellant, Mr. Betteto Frett, shall give security for the respondent/applicant’s costs of the appeal herein by paying the sum of US $150,000.00 into court within 21 days of this order. Reason: The Court was of the view that the requirements for the grant of security for costs have been satisfied by the applicant. Case Name: Kelon Browne v Kay Barry [BVIHCMAP2023/0002] (Territory of the Virgin Islands) Date: Tuesday, 27th June 2023 Appearances: Applicant: Ms. Marie-Lou Creque Respondent: In person Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of the order of Magistrate Benjamin made on 12th May 2023 pending the hearing and determination of the appeal is granted. Reason: The Court considered the principles on which a stay is granted and was of the view that the applicant had satisfied the requirements for the grant of a stay.