Chamber Hearing – 28th June 2022

THE EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING 28th June 2022 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Mario Michel, Justice of Appeal Case Name:

[1]Damien Gangadeen

[2]Steve Gangadeen and Sheldon Straker [GDAHCVAP2021/0010] IT IS HEREBY ORDERED THAT: Grenada Date: Tuesday 28th June 2022 On paper: Applicants: Mr. Benjamin D. Hood Respondent: Ms. Hazel B. Hopkin Issues: Application for an extension of time within which to file notice of appeal- Application for an order that notice of appeal be deemed properly filed Result / Order: The application for an extension of time for filing a notice of appeal against the decision of Actie J dated 5th March 2021 and for the intended notice of appeal filed on 20th April 2021 to be deemed properly filed is dismissed. Reason: The Court was of the view that: the delay of 10 months and 10 days between the filing of the intended notice of appeal and the application for an extension of time was inordinate; that there was no proper excuse for the delay, counsel for the applicants were notified as early as 22nd July 2021 that the intended notice of appeal was filed out of time; that the applicants sought to challenge the trial judge’s findings of fact, but there were no real prospects success of the appeal; and that the respondent would be prejudiced if the extension was granted, in that damages had already been assessed and enforcement proceedings had already been instituted.

THE EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING th June 2022 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Mario Michel, Justice of Appeal Case Name:

[1]Damien Gangadeen

[2]Steve Gangadeen and Sheldon Straker [GDAHCVAP2021/0010] Grenada Date: Tuesday 28 th June 2022 On paper: Applicants: Mr. Benjamin D. Hood Respondent: Ms. Hazel B. Hopkin Issues: Application for an extension of time within which to file notice of appeal- Application for an order that notice of appeal be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT: The application for an extension of time for filing a notice of appeal against the decision of Actie J dated 5 th March 2021 and for the intended notice of appeal filed on 20 th April 2021 to be deemed properly filed is dismissed. Reason: The Court was of the view that: the delay of 10 months and 10 days between the filing of the intended notice of appeal and the application for an extension of time was inordinate; that there was no proper excuse for the delay, counsel for the applicants were notified as early as 22 nd July 2021 that the intended notice of appeal was filed out of time; that the applicants sought to challenge the trial judge’s findings of fact, but there were no real prospects success of the appeal; and that the respondent would be prejudiced if the extension was granted, in that damages had already been assessed and enforcement proceedings had already been instituted.