Status Hearing – Monday 29th June 2020

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEOCONFERENCE SAINT LUCIA Monday, 29th June 2020 STATUS HEARING Case Name:

[1]Seafari St. Lucia Limited

[2]Rodney Bayside Limited

[3]Marcarius Joinville v [1] The Harbour Proprietors Unit Plan No. 2/2008 otherwise known as the Harbour Condominium [2] Michael Whitfield SLUHCVAP2016/0008 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Mark Maragh Respondent: Mr. Leslie Prospere Issue: The status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court in Saint Lucia scheduled for 1st December, 2020 for report, unless a consent order is sooner filed. Reason: The Court noted the indication from both counsel that the parties are in settlement discussions. Case Name: Lazarus Paul v Raquel Willie-Trotman SLUHCVAP2017/0049 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Gerard Williams Respondent: No appearance (Wuaneen Louis-Harris is on record) Issue: The status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondent shall file and serve written submissions with authorities on or before 29th July, 2020. 2. The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 13th August, 2020. 3. The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Lucia during the week commencing 7th December 2020. Reason: The Court was of the view that, the Record of Appeal having been filed, further directions were required for the matter to proceed. Case Name: Debbion Elesia Crisp (also known as Debbion Elisia Bowring v Ross Bowring SLUHCVAP2017/0037 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Ann-Alicia Fagan Respondent: Mrs. Maureen John-Xavier Issue: The status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Lucia scheduled for 7th December 2020 unless a consent order is sooner filed. Reason: The Court noted the indication from counsel that the parties are engaged in settlement discussions and they have both agreed to one final adjournment to facilitate reaching an agreement. Case Name: [1] Durand Dorseide [2] Merlinda Dorseide v West Indies General Insurance Company Ltd. SLUHCVAP2016/0029 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Horace Fraser holding for Mrs. Lydia Faisal Respondent: Ms. Sueanna Frederick holding for Mr. Dexter Theodore, QC Issue: The status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Lucia during the week commencing 7th December 2020. Reason: Mr. Fraser informed the Court that he will be taking conduct of the matter and will take the necessary steps to do so. Case Name: Philomen Alexander v Quentin Son SLUHCVAP2018/0041 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Petra Nelson Respondent: No appearance Issue: The status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court in Saint Lucia scheduled for 1st December 2020. 2. The Registrar of the High Court shall serve a copy of this order on the respondents and shall provide proof of service thereafter. Reason: Counsel informed the Court that she was not aware that the Notice of Appeal had been filed via the E- Litigation Portal. Having been so informed, she indicated that she will take the necessary steps to progress the matter. The Court was of the view that an adjournment was appropriate in the circumstances. Case Name: Uselta Jospeh v Gabriel Joseph SLUHCVAP2018/0042 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Wuaneen Louis-Harris Respondent: Ms. Ann-Alicia Fagan Issue: The status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: 1. Counsel for the appellant shall serve the authorisation code for this matter on the respondent on or before 1st July 2020. 2. The parties shall agree to the documents to be filed in the Record of Appeal on or before 24th July 2020. 3. The appellant shall file and serve the Record of Appeal on or before 21st August 2020. 4. The appellant shall file and serve written submissions with authorities on or before 21st September 2020. 5. The respondent shall file and serve written submissions with authorities on or before 21st October 2020. 6. The appellant is at liberty to file and serve written submissions, with authorities, in reply, if necessary on or before 5th November 2020. 7. The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Lucia during the week commencing 7th December 2020. Reason: The Court was of the view that, counsel for the appellant having informed that the authorisation code will be served, further directions were required to progress the appeal. Case Name: Adelaide Joseph v Computron Limited SLUHCVAP2019/0017 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance (Ms. Natalie Da Breo on record – signed in after matter was called) Respondent: Ms. Paulette Francis Issue: The status of the matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: The matter is removed from the list until such time as the Court is notified of the appointment of a representative for the appellant. Reason: The Court was informed by counsel for the respondent that the appellant recently passed away and a representative of the estate has not yet been appointed. Case Name: First Caribbean International Bank (Barbados) Limited v Sunset Village Inc SLUHCMAP2019/0006 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Rowana Kay Campbell Respondent: No appearance Issue: The status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is removed from the Status Hearing list pending the determination of the application before the Court. Reason: The Court noted that there was a notice of application for an extension of time to file the Notice of Appeal and Record of Appeal for the consideration of the Court at the Chamber Hearing scheduled for 30th June 2020.

EASTERN CARIBBEAN SUPREME COURT STATUS HEARING VIDEOCONFERENCE SAINT LUCIA Monday, 29 th June 2020 STATUS HEARING Case Name:

[1]Seafari St. Lucia Limited

[2]Rodney Bayside Limited

[3]Marcarius Joinville v

[1]The Harbour Proprietors Unit Plan No. 2/2008 otherwise known as the Harbour Condominium

[2]Michael Whitfield SLUHCVAP2016/0008 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Mark Maragh Respondent: Mr. Leslie Prospere Issue: The status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court in Saint Lucia scheduled for 1 st December, 2020 for report, unless a consent order is sooner filed. Reason: The Court noted the indication from both counsel that the parties are in settlement discussions. Case Name: Lazarus Paul v Raquel Willie-Trotman SLUHCVAP2017/0049 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Gerard Williams Respondent: No appearance (Wuaneen Louis-Harris is on record) Issue: The status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The respondent shall file and serve written submissions with authorities on or before 29 th July, 2020.

2.The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 13 th August, 2020.

3.The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Lucia during the week commencing 7 th December 2020. Reason: The Court was of the view that, the Record of Appeal having been filed, further directions were required for the matter to proceed. Case Name: Debbion Elesia Crisp (also known as Debbion Elisia Bowring v Ross Bowring SLUHCVAP2017/0037 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Ann-Alicia Fagan Respondent: Mrs. Maureen John-Xavier Issue: The status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Lucia scheduled for 7 th December 2020 unless a consent order is sooner filed. Reason: The Court noted the indication from counsel that the parties are engaged in settlement discussions and they have both agreed to one final adjournment to facilitate reaching an agreement. Case Name:

[1]Durand Dorseide

[2]Merlinda Dorseide v West Indies General Insurance Company Ltd. SLUHCVAP2016/0029 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Horace Fraser holding for Mrs. Lydia Faisal Respondent: Ms. Sueanna Frederick holding for Mr. Dexter Theodore, QC Issue: The status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Lucia during the week commencing 7 th December 2020. Reason: Mr. Fraser informed the Court that he will be taking conduct of the matter and will take the necessary steps to do so. Case Name: Philomen Alexander v Quentin Son SLUHCVAP2018/0041 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Petra Nelson Respondent: No appearance Issue: The status of the matter Type of Order: Adjournment Result / Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court in Saint Lucia scheduled for 1 st December 2020. The Registrar of the High Court shall serve a copy of this order on the respondents and shall provide proof of service thereafter. Reason: Counsel informed the Court that she was not aware that the Notice of Appeal had been filed via the E-Litigation Portal. Having been so informed, she indicated that she will take the necessary steps to progress the matter. The Court was of the view that an adjournment was appropriate in the circumstances. Case Name: Uselta Jospeh v Gabriel Joseph SLUHCVAP2018/0042 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Wuaneen Louis-Harris Respondent: Ms. Ann-Alicia Fagan Issue: The status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT:

1.Counsel for the appellant shall serve the authorisation code for this matter on the respondent on or before 1 st July 2020.

2.The parties shall agree to the documents to be filed in the Record of Appeal on or before 24 th July 2020.

3.The appellant shall file and serve the Record of Appeal on or before 21 st August 2020.

4.The appellant shall file and serve written submissions with authorities on or before 21 st September 2020.

5.The respondent shall file and serve written submissions with authorities on or before 21 st October 2020.

6.The appellant is at liberty to file and serve written submissions, with authorities, in reply, if necessary on or before 5 th November 2020.

7.The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Lucia during the week commencing 7 th December 2020. Reason: The Court was of the view that, counsel for the appellant having informed that the authorisation code will be served, further directions were required to progress the appeal. Case Name: Adelaide Joseph v Computron Limited SLUHCVAP2019/0017 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance (Ms. Natalie Da Breo on record – signed in after matter was called) Respondent: Ms. Paulette Francis Issue: The status of the matter Type of Order: N/A Result / Order: IT IS HEREBY ORDERED THAT: The matter is removed from the list until such time as the Court is notified of the appointment of a representative for the appellant. Reason: The Court was informed by counsel for the respondent that the appellant recently passed away and a representative of the estate has not yet been appointed. Case Name: First Caribbean International Bank (Barbados) Limited v Sunset Village Inc SLUHCMAP2019/0006 Date: Monday, 29th June 2020 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Rowana Kay Campbell Respondent: No appearance Issue: The status of the matter Type of Order: Directions Result / Order: IT IS HEREBY ORDERED THAT: The matter is removed from the Status Hearing list pending the determination of the application before the Court. Reason: The Court noted that there was a notice of application for an extension of time to file the Notice of Appeal and Record of Appeal for the consideration of the Court at the Chamber Hearing scheduled for 30 th June 2020.