Chamber Hearing Digest – 14th December 2022

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 14th December 2022 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Case Name: Lindon Panchoo v The King [GDAHCRAP2022/0016] (Grenada) Date: Tuesday, 14th December 2022 On paper: Applicant: In person Respondent: No appearance Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal against sentence is granted. 2. The notice of application for leave to appeal against sentence filed on 10th November 2022 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 Office of the Director of Public Prosecutions within 21 days of the date of this order and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against sentence. Case Name: Roy Jones v The King [GDAHCRAP2022/0014] (Grenada) Date: Tuesday, 14th December 2022 On paper: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal against sentence is granted. 2. The notice of application for leave to appeal against sentence filed on 17th October 2022 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 Office of the Director of Public Prosecutions within 21 days of the date of this order and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against sentence. Case Name: Jerrol Licorish v The King [GDAHCRAP2022/0017] (Grenada) Date: Tuesday, 14th December 2022 On paper: Applicant: Respondent: In person No appearance Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal against sentence is granted. 2. The notice of application for leave to appeal against sentence filed on 21st November 2022 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 Office of the Director of Public Prosecutions within 21 days of the date of this order and shall provide proof of service thereof. Reason: The Court was of the view that the applicant met the threshold for the grant of leave to appeal against sentence. Case Name: The National Lotteries Authority v Jerome De Roche [GDAHCVAP2021/0025] IT IS HEREBY ORDERED THAT: The application filed on 22nd November 2022 seeking an order that the sum of $540,000.00 paid into Court by the appellant as security for costs, be paid out of Court to the appellant’s attorneys-at-law is granted. (Grenada) Date: Tuesday, 14th December 2022 Appearances: Applicant: Mrs. Melissa Modeste-Singh Respondent: Mr. Ruggles Ferguson Issues: Application for security for costs to be paid out of Court Result / Order: Reason: The Court noted the notice of no objection filed by the respondent on 14th December 2022. Case Name: Donna Marcelle Lusan v

[1]The Cabinet of Ministers

[2]The Minister of Finance

[3]The Attorney General of Grenada [GDAHCVAP2022/0024] (Grenada) Date: Tuesday, 14th December 2022 Appearances: Applicants: Mrs. Chevaughn Spencer Joseph Respondent: Mr. Benjamin Hood Issues: Application for extension of time to file written submissions Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file the submissions lodged on 28th November 2022 and filed on 29th November 2022 and the supplementary submissions filed on 29th November 2022, both in response to the notice of interlocutory appeal. 2. The said written submissions lodged on 28th November 2022 but filed on 29th November 2022 and the supplementary written submissions filed on 29th November 2022, are deemed properly filed. 3. There is no order as to costs. Reason: The Court noted the skeleton submissions filed on 9th December 2022 together with a bundle of authorities in support of the notice of application for an extension of time and also noted that there is no evidence opposing the application by the respondent. Case Name: Paul Amade v The King [GDAHCRAP2022/0018] (Grenada) Date: Tuesday, 14th December 2022 Appearances: Applicant: Respondent: In person No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED: 1. The applicant is granted leave to appeal against his sentence. 2. The notice of application for leave to appeal against sentence filed on 29th November 2022 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 Office of the Director of Public Prosecutions within 21 days of the date of this order and shall provide proof of service thereof. Reason: The Court was satisfied that leave should be granted to the applicant to appeal against his sentence. Case Name: Augustin Stephen v Sabrina Butcher [SLUHCMAP2022/0007] (Saint Lucia) Date: Tuesday, 14th December 2022 Appearances: Applicant: Mr. Horace Fraser Respondent: Ms. Britney Barnard Issues: Application for an extension of time to file record of appeal Result / Order: IT IS HEREBY ORDERED: 1. The application for an extension of time within which to file the record of appeal is granted. 2. The applicant shall file and serve the record of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant has met the threshold for the grant of an extension of time within which to file the record of appeal. Case Name: Flavia Cherry v Ezekiel Mason [SLUMCVAP2021/0004] (Saint Lucia) Date: Tuesday, 14th December 2022 Appearances: Applicant: Mr. Dexter Theodore Respondent: Ms. Mary Francis Issues: Application for an extension of time to file skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time to file skeleton arguments is adjourned to a date to be fixed by the Chief Registrar after the determination of the strike out application. Reason: The Court noted that the application to strike out the notice of appeal filed by the respondent on 27th July 2022 is scheduled for hearing at the next sitting of the Court for the state of Saint Lucia scheduled for the week commencing 20th March 2023 and was of the view that the strike out application should be heard and disposed of before the extension application. Case Name: [1] Peter Toussaint [2] Terentia Nigel Toussaint- Carroll [3] The Heirs of Thelma Toussaint v Peter Barnard [SLUHCVAP2022/0017] (Saint Lucia) Date: Tuesday, 14th December 2022 Appearances: Applicants: Respondent: IT IS HEREBY ORDERED THAT: In person No appearance Issues: Application for leave to appeal Result / Order: The application for leave to appeal the order of the Honourable Justice Kimberly Cenac-Phulgence is referred for hearing before the Full Court on a date to be fixed by the Chief Registrar. Reason: The Court considered the principles for the grant of leave to appeal as stated in Othneil Sylvester v Faelleseje Civil Appeal No. 5 of 2005 (delivered 20th February 2006, unreported) and having regard to Rule 62.2(5) of the Civil Procedure Rules 2000, referred the matter to be heard by the Full Court. Case Name: Magavon Toby v Barrow Toby [SVGHCVAP2020/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 14th December 2022 Appearances: Applicant: Ms. Vynette Frederick holding for Mr. Michael Wyllie Respondent: Mr. Duane Daniel Issues: Application for an extension of time to file written submissions Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to file written submissions is granted. 2. The applicant/respondent shall file and serve written submissions with authorities on or before 16th January 2023. 3. The respondent/appellant is at liberty to file and serve written submissions in reply on or before 28th February 2023. Reason: The Court noted that there was no opposition by the respondent/appellant to the application for an extension of time within which to file written submissions. Case Name: Alex Cupid v The Commissioner of Police [SVGMCRAP2022/0021] (Saint Vincent and the Grenadines) Date: Tuesday, 14th December 2022 Appearances: Applicant: In person Respondent: No appearance Issues: Application for an extension of time within which to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide an affidavit of service evidencing service of the notice of application for extension of time within which to appeal, the notice of appeal, recognizance to prosecute appeal and authorisation code on the respondent. 2. The application for an extension of time within which to appeal against conviction and sentence filed on 11th November 2022 is adjourned to the next Chamber Hearing of the Court scheduled for 31st January 2023. Reason: The Court noted that the return of service evidencing service of the notice of application for extension of time within which to appeal, the notice of appeal, recognizance to prosecute appeal and authorisation code does not clearly indicate who effected service and on whom service was effected. Case Name: Emerson Delpleche v The King [SVGHCRAP2018/0006] (Saint Vincent and the Grenadines) Date: Tuesday, 14th December 2022 Appearances: Applicant: In person Respondent: The Director of Public Prosecutions Issues: Application for bail Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending the hearing and determination of appeal is refused. Reason: The Court was of the view that the application for bail did not disclose any exceptional circumstances for the grant of bail pending the hearing and determination of the appeal in the sense contemplated by the authorities of R v Watton (1979) 68 Cr. App.R. 293 and Scantlebury v The State (1976) 27 WIR 103. Case Name: [1] Metrocint General Insurance Co. Ltd. [2] Samuel De Roche v Mercedes Delphesche [SVGHCVAP2019/0019] (Saint Vincent and the Grenadines) Date: Tuesday, 14th December 2022 Appearances: Appellants: Ms. Chante Francis holding papers for Mr. Duane Daniel for the first appellant No appearance for the second appellant Respondent: Mr. Cecil Blazer Williams Issues: Application for an extension of time to file written submissions Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to file written submissions is granted. 2. The submissions filed on 30th November 2022 are deemed properly filed. 3. The respondent shall file and serve written submissions and authorities in response on or before 13th January 2023. 4. The applicant is at liberty to file and serve written submissions and authorities in response on or before 30th January 2023. Reason: The Court was of the view that the application for an extension of time to file written submissions ought to be granted. Case Name: Terrance Abdulah Charles v The King [BVIHCRAP2022/0004] (Territory of the Virgin Islands) Date: Tuesday, 14th December 2022 Appearances: Applicant: In person Respondent: Ms. Tiffany Scatliffe Esprit, Office of the Director of Public Prosecutions Issues: Application for an extension of time to appeal – Application to deem appeal properly filed – Application for bail Result / Order: IT IS HEREBY ORDERED THAT: The Application filed on 8th September 2022 is dismissed. Reason: The Court was of the view that the applicant did not meet the requisite threshold for the grant of an extension of time to appeal. Upon being mindful that the applicant cannot be granted bail pending appeal in the absence of a properly filed notice of appeal, and that in any event the application did not disclose exceptional circumstances why the applicant should be granted bail, the Court dismissed the application. Case Name: Xin Gang Power Investments Limited v Kensworth Industrial Limited [BVIHCMAP2022/0067] (Territory of the Virgin Islands) Date: Tuesday, 14th December 2022 Appearances: Applicant: Mr. Christopher Bromilow Respondent: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal against the judgment and order of the Honourable Justice Jack dated 11th November 2022 is granted on grounds 2- 5 of the draft notice of appeal. 2. The applicant shall file the notice of appeal containing the five grounds of appeal in this appeal BVIHCMAP2022/0067 within 7 days of the date of this order and the appeal shall proceed as appeal BVIHCMAP2022/0067 in accordance with the Civil Procedure Rules 2000. 3. Appeal No. BVIHCMAP2022/0069 is deemed discontinued with no order as to costs or otherwise. 4. Costs of this application shall be costs in the appeal. Reason: The Court noted that on 5th December 2022, the applicant filed a notice of appeal in BVIHCMAP2022/0069 which is duplicitous of the notice of appeal in BVIHCMAP2022/0067. The Court considered the principles for the grant of leave to appeal and was satisfied that grounds 2 to 5 of the draft notice of appeal have reasonable prospects of succeeding and that the applicant met the threshold for a grant of leave to appeal. Case Name: Betetto Frett v First Bank Puerto Rico [BVIHCMAP2022/0066] (Territory of the Virgin Islands) Date: Tuesday, 14th December 2022 Appearances: Applicant: Ms. Carmilita Jamieson Respondent: Ms. Jhneil Stewart Issues: Application for a stay pending determination of appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of the judgment of Jack J dated 4th November 2022 pending the determination of the appeal is dismissed. Reason: The Court considered that the starting point on an application for a stay of execution pending the determination of an appeal is that the party who was successful in the lower court is entitled to the fruits of victory and an appeal does not operate as a stay and noted that the general principles on which a stay pending appeal is granted are set out in the case of C Mobile Services Ltd v Huawei Technologies Co. Ltd BVIHCMAP2014/0017 (delivered 2nd October 2014, unreported). Additionally, the court has a discretion in an appropriate case to grant a stay if refusing it would result in injustice to either party or ruination of the applicant, and the appeal has good prospects of success. The evidence of injustice or ruination must be cogent – bald assertions are not enough. The Court was of the view that the appellant has arguable grounds of appeal but he did not provide cogent evidence that he will be financially ruined if a stay is not granted or that the appeal will be stifled or rendered nugatory.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th December 2022 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Case Name: Lindon Panchoo v The King [GDAHCRAP2022/0016] (Grenada) Date: Tuesday, 14th December 2022 On paper: Applicant: In person Respondent: No appearance Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

[1]The Cabinet of Ministers

[2]The Minister of Finance

[3]The Attorney General of Grenada [GDAHCVAP2022/0024] (Grenada) Date: Tuesday, 14th December 2022 Appearances: Applicants: Mrs. Chevaughn Spencer Joseph Respondent: Mr. Benjamin Hood Issues: Application for extension of time to file written submissions Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal against sentence is granted.

2.The notice of application for leave to appeal against sentence filed on 10 th November 2022 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 Office of the Director of Public Prosecutions within 21 days of the date of this order and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against sentence. Case Name: Roy Jones v The King [GDAHCRAP2022/0014] (Grenada) Date: Tuesday, 14th December 2022 On paper: Applicant: In person Respondent: No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal against sentence is granted.

2.The notice of application for leave to appeal against sentence filed on 17 th October 2022 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 Office of the Director of Public Prosecutions within 21 days of the date of this order and shall provide proof of service thereof. Reason: The Court was of the view that the applicant should be granted leave to appeal against sentence. Case Name: Jerrol Licorish v The King [GDAHCRAP2022/0017 ] (Grenada) Date: Tuesday, 14th December 2022 On paper: Applicant: Respondent: In person No appearance Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal against sentence is granted.

2.The notice of application for leave to appeal against sentence filed on 21 st November 2022 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 Office of the Director of Public Prosecutions within 21 days of the date of this order and shall provide proof of service thereof. Reason: The Court was of the view that the applicant met the threshold for the grant of leave to appeal against sentence. Case Name: The National Lotteries Authority v Jerome De Roche [GDAHCVAP2021/0025] (Grenada) Date: Tuesday, 14th December 2022 Appearances: Applicant: Mrs. Melissa Modeste-Singh Respondent: Mr. Ruggles Ferguson Issues: Application for security for costs to be paid out of Court Result / Order: IT IS HEREBY ORDERED THAT: The application filed on 22 nd November 2022 seeking an order that the sum of $540,000.00 paid into Court by the appellant as security for costs, be paid out of Court to the appellant’s attorneys-at-law is granted. Reason: The Court noted the notice of no objection filed by the respondent on 14 th December 2022. Case Name: Donna Marcelle Lusan v

1.The applicant is granted an extension of time to file the submissions lodged on 28th November 2022 and filed on 29th November 2022 and the supplementary submissions filed on 29th November 2022, both in response to the notice of interlocutory appeal.

2.The said written submissions lodged on 28th November 2022 but filed on 29 th November 2022 and the supplementary written submissions filed on 29 th November 2022, are deemed properly filed.

3.There is no order as to costs. Reason: The Court noted the skeleton submissions filed on 9th December 2022 together with a bundle of authorities in support of the notice of application for an extension of time and also noted that there is no evidence opposing the application by the respondent. Case Name: Paul Amade v The King [GDAHCRAP2022/0018] (Grenada) Date: Tuesday, 14th December 2022 Appearances: Applicant: Respondent: In person No appearance Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED:

1.The applicant is granted leave to appeal against his sentence.

2.The notice of application for leave to appeal against sentence filed on 29th November 2022 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 Office of the Director of Public Prosecutions within 21 days of the date of this order and shall provide proof of service thereof. Reason: The Court was satisfied that leave should be granted to the applicant to appeal against his sentence. Case Name: Augustin Stephen v Sabrina Butcher [SLUHCMAP2022/0007] (Saint Lucia) Date: Tuesday, 14th December 2022 Appearances: Applicant: Mr. Horace Fraser Respondent: Ms. Britney Barnard Issues: Application for an extension of time to file record of appeal Result / Order: IT IS HEREBY ORDERED:

1.The application for an extension of time within which to file the record of appeal is granted.

2.The applicant shall file and serve the record of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant has met the threshold for the grant of an extension of time within which to file the record of appeal. Case Name: Flavia Cherry v Ezekiel Mason [SLUMCVAP2021/0004] (Saint Lucia) Date: Tuesday, 14th December 2022 Appearances: Applicant: Mr. Dexter Theodore Respondent: Ms. Mary Francis Issues: Application for an extension of time to file skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time to file skeleton arguments is adjourned to a date to be fixed by the Chief Registrar after the determination of the strike out application. Reason: The Court noted that the application to strike out the notice of appeal filed by the respondent on 27 th July 2022 is scheduled for hearing at the next sitting of the Court for the state of Saint Lucia scheduled for the week commencing 20th March 2023 and was of the view that the strike out application should be heard and disposed of before the extension application. Case Name:

[1]Peter Toussaint

[2]Terentia Nigel Toussaint- Carroll

[3]The Heirs of Thelma Toussaint v Peter Barnard [SLUHCVAP2022/0017] (Saint Lucia) Date: Tuesday, 14th December 2022 Appearances: Applicants: Respondent: In person No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of the Honourable Justice Kimberly Cenac-Phulgence is referred for hearing before the Full Court on a date to be fixed by the Chief Registrar. Reason: The Court considered the principles for the grant of leave to appeal as stated in Othneil Sylvester v Faelleseje Civil Appeal No. 5 of 2005 (delivered 20th February 2006, unreported) and having regard to Rule 62.2(5) of the Civil Procedure Rules 2000, referred the matter to be heard by the Full Court. Case Name: Magavon Toby v Barrow Toby [SVGHCVAP2020/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 14th December 2022 Appearances: Applicant: Ms. Vynette Frederick holding for Mr. Michael Wyllie Respondent: Mr. Duane Daniel Issues: Application for an extension of time to file written submissions Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to file written submissions is granted.

2.The applicant/respondent shall file and serve written submissions with authorities on or before 16th January 2023.

3.The respondent/appellant is at liberty to file and serve written submissions in reply on or before 28th February 2023. Reason: The Court noted that there was no opposition by the respondent/appellant to the application for an extension of time within which to file written submissions. Case Name: Alex Cupid v The Commissioner of Police [SVGMCRAP2022/0021] (Saint Vincent and the Grenadines) Date: Tuesday, 14th December 2022 Appearances: Applicant: In person Respondent: No appearance Issues: Application for an extension of time within which to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall provide an affidavit of service evidencing service of the notice of application for extension of time within which to appeal, the notice of appeal, recognizance to prosecute appeal and authorisation code on the respondent.

2.The application for an extension of time within which to appeal against conviction and sentence filed on 11th November 2022 is adjourned to the next Chamber Hearing of the Court scheduled for 31st January 2023. Reason: The Court noted that the return of service evidencing service of the notice of application for extension of time within which to appeal, the notice of appeal, recognizance to prosecute appeal and authorisation code does not clearly indicate who effected service and on whom service was effected. Case Name: Emerson Delpleche v The King [SVGHCRAP2018/0006] (Saint Vincent and the Grenadines) Date: Tuesday, 14th December 2022 Appearances: Applicant: In person Respondent: The Director of Public Prosecutions Issues: Application for bail Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending the hearing and determination of appeal is refused. Reason: The Court was of the view that the application for bail did not disclose any exceptional circumstances for the grant of bail pending the hearing and determination of the appeal in the sense contemplated by the authorities of R v Watton (1979) 68 Cr. App.R. 293 and Scantlebury v The State (1976) 27 WIR 103. Case Name:

[1]Metrocint General Insurance Co. Ltd.

[2]Samuel De Roche v Mercedes Delphesche [SVGHCVAP2019/0019] (Saint Vincent and the Grenadines) Date: Tuesday, 14th December 2022 Appearances: Appellants: Ms. Chante Francis holding papers for Mr. Duane Daniel for the first appellant No appearance for the second appellant Respondent: Mr. Cecil Blazer Williams Issues: Application for an extension of time to file written submissions Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to file written submissions is granted.

2.The submissions filed on 30th November 2022 are deemed properly filed.

3.The respondent shall file and serve written submissions and authorities in response on or before 13th January 2023.

4.The applicant is at liberty to file and serve written submissions and authorities in response on or before 30th January 2023. Reason: The Court was of the view that the application for an extension of time to file written submissions ought to be granted. Case Name: Terrance Abdulah Charles v The King [BVIHCRAP2022/0004] (Territory of the Virgin Islands) Date: Tuesday, 14th December 2022 Appearances: Applicant: In person Respondent: Ms. Tiffany Scatliffe Esprit, Office of the Director of Public Prosecutions Issues: Application for an extension of time to appeal – Application to deem appeal properly filed – Application for bail Result / Order: IT IS HEREBY ORDERED THAT: The Application filed on 8th September 2022 is dismissed. Reason: The Court was of the view that the applicant did not meet the requisite threshold for the grant of an extension of time to appeal. Upon being mindful that the applicant cannot be granted bail pending appeal in the absence of a properly filed notice of appeal, and that in any event the application did not disclose exceptional circumstances why the applicant should be granted bail, the Court dismissed the application. Case Name: Xin Gang Power Investments Limited v Kensworth Industrial Limited [BVIHCMAP2022/0067] (Territory of the Virgin Islands) Date: Tuesday, 14th December 2022 Appearances: Applicant: Mr. Christopher Bromilow Respondent: No appearance Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal against the judgment and order of the Honourable Justice Jack dated 11 th November 2022 is granted on grounds 2-5 of the draft notice of appeal.

2.The applicant shall file the notice of appeal containing the five grounds of appeal in this appeal BVIHCMAP2022/0067 within 7 days of the date of this order and the appeal shall proceed as appeal BVIHCMAP2022/0067 in accordance with the Civil Procedure Rules 2000.

3.Appeal No. BVIHCMAP2022/0069 is deemed discontinued with no order as to costs or otherwise.

4.Costs of this application shall be costs in the appeal. Reason: The Court noted that on 5th December 2022, the applicant filed a notice of appeal in BVIHCMAP2022/0069 which is duplicitous of the notice of appeal in BVIHCMAP2022/0067. The Court considered the principles for the grant of leave to appeal and was satisfied that grounds 2 to 5 of the draft notice of appeal have reasonable prospects of succeeding and that the applicant met the threshold for a grant of leave to appeal. Case Name: Betetto Frett v First Bank Puerto Rico [BVIHCMAP2022/0066] (Territory of the Virgin Islands) Date: Tuesday, 14th December 2022 Appearances: Applicant: Ms. Carmilita Jamieson Respondent: Ms. Jhneil Stewart Issues: Application for a stay pending determination of appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of the judgment of Jack J dated 4th November 2022 pending the determination of the appeal is dismissed. Reason: The Court considered that the starting point on an application for a stay of execution pending the determination of an appeal is that the party who was successful in the lower court is entitled to the fruits of victory and an appeal does not operate as a stay and noted that the general principles on which a stay pending appeal is granted are set out in the case of C Mobile Services Ltd v Huawei Technologies Co. Ltd BVIHCMAP2014/0017 (delivered 2nd October 2014, unreported). Additionally, the court has a discretion in an appropriate case to grant a stay if refusing it would result in injustice to either party or ruination of the applicant, and the appeal has good prospects of success. The evidence of injustice or ruination must be cogent – bald assertions are not enough. The Court was of the view that the appellant has arguable grounds of appeal but he did not provide cogent evidence that he will be financially ruined if a stay is not granted or that the appeal will be stifled or rendered nugatory.