143,540 judgment pages 132,515 public-register pages 276,055 total pages

Court of Appeal Sitting – 30th November 2022

2022-11-30
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Collection
Digests of Decisions
Country
Case number
Judge
Key terms
Upstream post
74578
AKN IRI
/akn/ecsc/ecsc/digest/2022/digest/court-of-appeal-sitting-30th-november-2022/post-74578
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EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 30th November 2022 ORAL HEARING Before: The Hon. Mde. Vicki-Ann Ellis, Justice of Appeal Case Name: Ng Min Hong Applicant/First Defendant and Somarlie Lie Respondent/Claimant Success Overseas Finance Limited Third Defendant [BVIHCMAP2022/0068] Territory of the Virgin Islands Date: Wednesday 30th November 2022 Oral Hearing: Applicant: Mr. Alain Choo-Choy KC Respondent: Mr. Paul Chaisty KC with him Mr. Richard Evans, Dr. Alecia Johns and Mr. Benjamin Mellett Issues: Application for leave to appeal – Application for a stay Result / Order: IT IS HEREBY ORDERED THAT:

1.The 30th November 2022 listing be adjourned part heard to 20th January 2023 for the completion of oral submissions with a time estimate of 2 hours (the "Adjourned Hearing").

2.The transcript of the hearing of the Unless Order Application before Wallbank J on 14th November 2022 be provided to the parties and this Court by 9th December 2022.

3.In the event the leave application is granted at the Adjourned Hearing, the applicant's appeal be listed for remote hearing at the sitting of the Court of Appeal in Grenada in the week commencing 20th February 2023 with a time estimate of 4 hours.

4.Costs of the leave application and stay application be reserved. Reason: After hearing the submissions of the applicant in support of his leave and stay applications and the respondent having started his submissions in opposition, the Court indicated its concerns about whether the applications were pre-mature. There had not been a transcript of the proceedings and a copy of the sealed order being appealed, yet available before the Court. The matter was therefore adjourned part heard, to allow for the applicant to obtain the transcript and to provide the Court and parties with same.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th November 2022 ORAL HEARING Before: The Hon. Mde. Vicki-Ann Ellis, Justice of Appeal Case Name: Ng Min Hong Applicant/First Defendant and Somarlie Lie Respondent/Claimant Success Overseas Finance Limited Third Defendant [BVIHCMAP2022/0068] Territory of the Virgin Islands Date: Wednesday 30 th November 2022 Oral Hearing: Applicant: Mr. Alain Choo-Choy KC Respondent: Mr. Paul Chaisty KC with him Mr. Richard Evans, Dr. Alecia Johns and Mr. Benjamin Mellett Issues: Application for leave to appeal – Application for a stay Result / Order: IT IS HEREBY ORDERED THAT:

1.The 30 th November 2022 listing be adjourned part heard to 20 th January 2023 for the completion of oral submissions with a time estimate of 2 hours (the “Adjourned Hearing”).

2.The transcript of the hearing of the Unless Order Application before Wallbank J on 14 th November 2022 be provided to the parties and this Court by 9 th December 2022.

3.In the event the leave application is granted at the Adjourned Hearing, the applicant’s appeal be listed for remote hearing at the sitting of the Court of Appeal in Grenada in the week commencing 20 th February 2023 with a time estimate of 4 hours.

4.Costs of the leave application and stay application be reserved. Reason: After hearing the submissions of the applicant in support of his leave and stay applications and the respondent having started his submissions in opposition, the Court indicated its concerns about whether the applications were pre-mature. There had not been a transcript of the proceedings and a copy of the sealed order being appealed, yet available before the Court. The matter was therefore adjourned part heard, to allow for the applicant to obtain the transcript and to provide the Court and parties with same.

PDF extraction

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 30th November 2022 ORAL HEARING Before: The Hon. Mde. Vicki-Ann Ellis, Justice of Appeal Case Name: Ng Min Hong Applicant/First Defendant and Somarlie Lie Respondent/Claimant Success Overseas Finance Limited Third Defendant [BVIHCMAP2022/0068] Territory of the Virgin Islands Date: Wednesday 30th November 2022 Oral Hearing: Applicant: Mr. Alain Choo-Choy KC Respondent: Mr. Paul Chaisty KC with him Mr. Richard Evans, Dr. Alecia Johns and Mr. Benjamin Mellett Issues: Application for leave to appeal – Application for a stay Result / Order: IT IS HEREBY ORDERED THAT:

1.The 30th November 2022 listing be adjourned part heard to 20th January 2023 for the completion of oral submissions with a time estimate of 2 hours (the "Adjourned Hearing").

2.The transcript of the hearing of the Unless Order Application before Wallbank J on 14th November 2022 be provided to the parties and this Court by 9th December 2022.

3.In the event the leave application is granted at the Adjourned Hearing, the applicant's appeal be listed for remote hearing at the sitting of the Court of Appeal in Grenada in the week commencing 20th February 2023 with a time estimate of 4 hours.

4.Costs of the leave application and stay application be reserved. Reason: After hearing the submissions of the applicant in support of his leave and stay applications and the respondent having started his submissions in opposition, the Court indicated its concerns about whether the applications were pre-mature. There had not been a transcript of the proceedings and a copy of the sealed order being appealed, yet available before the Court. The matter was therefore adjourned part heard, to allow for the applicant to obtain the transcript and to provide the Court and parties with same.

WordPress

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th November 2022 ORAL HEARING Before: The Hon. Mde. Vicki-Ann Ellis, Justice of Appeal Case Name: Ng Min Hong Applicant/First Defendant and Somarlie Lie Respondent/Claimant Success Overseas Finance Limited Third Defendant [BVIHCMAP2022/0068] Territory of the Virgin Islands Date: Wednesday 30 th November 2022 Oral Hearing: Applicant: Mr. Alain Choo-Choy KC Respondent: Mr. Paul Chaisty KC with him Mr. Richard Evans, Dr. Alecia Johns and Mr. Benjamin Mellett Issues: Application for leave to appeal – Application for a stay Result / Order: IT IS HEREBY ORDERED THAT:

1.The 30 th November 2022 listing be adjourned part heard to 20 th January 2023 for the completion of oral submissions with a time estimate of 2 hours (the "Adjourned Hearing").

2.The transcript of the hearing of the Unless Order Application before Wallbank J on 14 th November 2022 be provided to the parties and this Court by 9 th December 2022.

3.In the event the leave application is granted at the Adjourned Hearing, the applicant’s appeal be listed for remote hearing at the sitting of the Court of Appeal in Grenada in the week commencing 20 th February 2023 with a time estimate of 4 hours.

4.Costs of the leave application and stay application be reserved. Reason: After hearing the submissions of the applicant in support of his leave and stay applications and the respondent having started his submissions in opposition, the Court indicated its concerns about whether the applications were pre-mature. There had not been a transcript of the proceedings and a copy of the sealed order being appealed, yet available before the Court. The matter was therefore adjourned part heard, to allow for the applicant to obtain the transcript and to provide the Court and parties with same.

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