Status Hearing – 6th January 2021

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING SAINT VINCENT AND THE GRENADINES VIDEOCONFERENCE Wednesday, 6th January 2021 Case Name: Augustine J.C. Miguel v

[1]Natalie Miguel Nee Sardine

[2]Jason Sardine

[3]Noel Sardine

[4]Magdaline Sardine SVGHCVAP2015/0012 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lyndon George Respondents: Mr. Duane Daniel holding watching brief for the respondents Issue: The status of the matter Type of Directions Order: Result/Order: IT IS HEREBY ORDERED THAT: 1. Counsel for the respondent shall inform counsel for the appellant of the documents which the respondent wishes to be included in the Record of Appeal on or before 20th January 2021. 2. The appellant shall file and serve the Record of Appeal on or before 11th February 2021. 3. The appellant shall file and serve written submissions with authorities on or before 11th March 2021. 4. The respondent shall file and serve written submissions with authorities on or before 12th April 2021. 5. The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 27th April 2021. 6. The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 14th June 2021. Reason: The Court was of the view that, the transcript having been prepared and paid for, further directions were required for the matter to proceed. Case Name: Brandon Lynch v Kenrick Isaacs SVGHCVAP2016/0030 Adjournment Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Ronald Marks Respondent: No appearance Issue: The status of the matter Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court for Saint Vincent and the Grenadines scheduled for 7th June 2021 for report. Reason: The Court noted the indication from counsel for the appellant that the parties require more time to continue settlement discussions. Case Name: Danrick Williams v Daron Andrews Directions SVGHCVAP2017/0007 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Ashelle Morgan Respondent: Mr. Richard Williams Issue: The status of the matter Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: 1. Counsel for the appellant shall make payment at the High Court for the judge’s notes on or before 11th January 2021. 2. The parties shall agree to the documents to be included in the Record of Appeal on or before 20th January 2021. 3. The appellant shall file and serve the Record of Appeal on or before 12th February 2021. 4. The appellant shall file and serve written submissions with authorities on or before 12th March 2021. 5. The respondent shall file and serve written submissions with authorities on or before 12th April 2021. 6. The appellant is at liberty to file and serve written submissions with authorities in reply if necessary, on or before 27th April 2021. 7. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal for Saint Vincent and the Grenadines scheduled for the week commencing the 14th June 2021. Reason: Counsel for the appellant informed that she was not able to get the payment for the Judge’s notes processed due to some issues with the cash at the registry. The Court was of the view that, the Judge’s notes having been prepared, further directions were required for the matter to proceed. Case Name: Angus Dennie v St. Vincent & the Grenadines Small Business & Microfinance Co-Operative Ltd SVGHCVAP2017/0013 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Samantha Robertson Respondent: Mr. Julian Jack Adjournment Issue: The status of the matter Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next Status Hearing of the Court of Appeal in Saint Vincent and the Grenadines scheduled for 7th June 2021 for counsel for the appellant to indicate whether the appellant is still interested in prosecuting the appeal. Reason: Ms. Robertson has recently taken conduct of this matter as counsel who had previous conduct is now deceased. Ms. Robertson indicated that she has tried to make contact with the appellant but has not been able to. She therefore requested more time to make contact to see if the appellant is still interested in prosecuting the appeal. Case Name: Stanley De Freitas v Financial Services Authority Directions SVGHCVAP2017/0014 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Joseph Delves Respondent: Mr. Parnel Campbell, QC Issue: The status of the matter Type of Order: Result/Order: IT IS HEREBY ORDERED AND DIRECTED THAT: 1. The parties shall provide the court in writing with their consent that the need for the transcript to be included in the record in whole or in part be dispensed with on or before 20th January 2021. 2. The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court noted the indication from the Registrar of the High Court that both the recording of proceedings in the court below and the trial judge’s notes are unavailable. Further, counsel for the parties have agreed to dispense with the need for a transcript pursuant to rule 62.9(3) of the Civil Procedure Rules 2000. Adjournment Case Name: Representatives of Winston Knights v Leroy Knights SVGHCVAP2018/0002 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Samantha Robertson Respondent: Ms. Rochelle Forde Issue: The status of the matter Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: The matter is adjourned to the next status hearing of the Court in Saint Vincent and the Grenadines scheduled for 7th June 2021 for report. Reason: The Court noted the indication from the parties that they wish to engage in settlement discussions. Case Name: Michael Ullman v [1] Lars G. Abrahamsson [2] Luma Limited SVGHCVAP2018/0010 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Richard Williams Respondents: No appearance Issue: The status of the matter Type of Directions Order: Result/ Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 26th March 2021. 2. The respondents are at liberty to file and serve written submissions with authorities on or before 26th April 2021. 3. The appellant is at liberty to file and serve written submissions in reply if necessary, on or before 11th May 2021. 4. The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Vincent and the Grenadines scheduled for the week commencing 14th June 2021. 5. The Registrar of the High Court shall serve a copy of this order on the respondents and shall provide proof of service thereafter. Reason: Though the Record of Appeal was filed on 30th December 2020, the respondent has not yet been served. The appellant indicated that he intends to serve the respondent today. Counsel for the appellant has also requested an extension for the filing of submissions to take into account the making of an application to amend the grounds of appeal. Directions Case Name: Lamond Barker v [1] Mary O’Garro [2] Donna O’Garro SVGHCVAP2015/0021 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Richard Williams holding for Mr. Roderick Jones Respondents: Ms. Paula David Issue: The status of the matter Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve the Record of Appeal on or before 29th January, 2021. 2. The appellant shall file and serve written submissions with authorities, on or before 26th February, 2021. 3. The respondent shall file and serve written submissions with authorities on or before 26th March, 2021. 4. The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 12th April, 2021. 5. The hearing of the appeal is fixed for the next Sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 14th June, 2021. Reason: Mr. Williams informed the Court that the Record of Appeal has not yet been filed as it is voluminous, being over 1000 pages and quite complex. Case Name: Nia Grecia v Malicia Nererson SVGMCVAP2019/0002 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issue: The status of the matter Adjournment Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court scheduled for 7th June 2021. 2. The Registrar of the High Court shall serve a copy of the Record of Appeal on the parties personally and shall provide proof of service thereafter. 3. The Registrar of the High Court shall serve a copy of this order on the parties personally and shall provide proof of service thereafter. Reason: The parties were not served to be present at the hearing. Case Name: Ian Fraser v [1] Bruce Brown [2] Ernest Brown SVGMCVAP2019/0003 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: No appearance Adjournment Issue: The status of the matter Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the court scheduled for 7th June, 2021. 2. The Registrar of the High Court shall serve a copy of the Record of Appeal on the respondents personally and shall provide proof of service thereafter. 3. The Registrar of the High Court shall serve a copy of this order on the parties personally and shall provide proof of service thereafter. Reason: The parties were not served to be present at the hearing. The court office also noted that there was some difficulty in locating the 1st respondent who had left Saint Vincent and the Grenadines in March 2019. Mrs. Kay Bacchus- Baptiste, the attorney on record in the court below but not in the appeal, stated that she is certain that the 1st respondent is in the state of Saint Vincent and the Grenadines. Case Name: Adjournment Francis Robinson v Tasca Abbott SVGMCVAP2019/0006 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondent: No appearance Issue: The status of the matter Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: 1. The matter is adjourned to the next Status Hearing of the Court scheduled for 7th June, 2021. 2. The Registrar of the High Court shall serve a copy of the Record of Appeal and this order on the parties personally and shall provide proof of service thereafter. 3. The Registrar of the High Court shall serve a copy of this order on the parties personally and shall provide proof of service thereafter. Reason: The record of appeal was filed on 16th May 2019 but there is no proof of service on the parties. There is also no proof of service on the parties for today’s status hearing. Case Name: Allie Harry v O’Brian Nanton SVGMCVAP2018/0004 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Kay Bacchus-Baptiste Respondent: Mr. Ronald Marks Issue: The status of the matter Directions Type of Order: Result/Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve written submissions with authorities on or before 26th March 2021. 2. The respondent shall file and serve written submissions with authorities on or before 26th April 2021. 3. The appellant is at liberty to file and serve written submissions with authorities in reply if necessary on or before 11th May 2021. 4. The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Vincent and the Grenadines scheduled for the week commencing 14th June 2021. Reason: Counsel for the appellant indicated that she was unable to get in contact with the appellant. She therefore requested an adjournment to take instructions on how to proceed. Counsel for the respondent informed that his client has been without his judgment since 2018 and wishes to get this matter resolved soonest and would prefer if the Court gave directions. The Court therefore suggested that time for filing submissions be extended to March 2021 so that in the event that the appellant does not wish to proceed then a Notice of Discontinuance can be filed. If the appellant wishes to proceed then submissions can be filed and the matter listed for hearing.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL STATUS HEARING SAINT VINCENT AND THE GRENADINES VIDEOCONFERENCE Wednesday, 6 th January 2021 Case Name: Augustine J.C. Miguel v

[1]Natalie Miguel Nee Sardine

[2]Jason Sardine

[3]Noel Sardine

[4]Magdaline Sardine SVGHCVAP2015/0012 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Lyndon George Respondents: Mr. Duane Daniel holding watching brief for the respondents Issue: The status of the matter Type of Order: directions Result/Order: IT IS HEREBY ORDERED THAT:

1.Counsel for the respondent shall inform counsel for the appellant of the documents which the respondent wishes to be included in the Record of Appeal on or before 20 th January 2021.

2.The appellant shall file and serve the Record of Appeal on or before 11 th February 2021.

3.The appellant shall file and serve written submissions with authorities on or before 11 th March 2021.

4.The respondent shall file and serve written submissions with authorities on or before 12 th April 2021.

5.The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 27 th April 2021.

6.The hearing of the appeal is fixed for the next sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 14 th June 2021. Reason: The Court was of the view that, the transcript having been prepared and paid for, further directions were required for the matter to proceed. Case Name: Brandon Lynch v Kenrick Isaacs SVGHCVAP2016/0030 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Ronald Marks 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 for Saint Vincent and the Grenadines scheduled for 7 th June 2021 for report. Reason: The Court noted the indication from counsel for the appellant that the parties require more time to continue settlement discussions. Case Name: Danrick Williams v Daron Andrews SVG HCVAP2017/0007 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Ashelle Morgan Respondent: Mr. Richard Williams Issue: The status of the matter Type of Order: Directions Result/Order: IT IS HEREBY ORDERED THAT:

1.Counsel for the appellant shall make payment at the High Court for the judge’s notes on or before 11 th January 2021.

2.The parties shall agree to the documents to be included in the Record of Appeal on or before 20 th January 2021.

3.The appellant shall file and serve the Record of Appeal on or before 12 th February 2021.

4.The appellant shall file and serve written submissions with authorities on or before 12 th March 2021.

5.The respondent shall file and serve written submissions with authorities on or before 12 th April 2021.

6.The appellant is at liberty to file and serve written submissions with authorities in reply if necessary, on or before 27 th April 2021.

7.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal for Saint Vincent and the Grenadines scheduled for the week commencing the 14 th June 2021. Reason: Counsel for the appellant informed that she was not able to get the payment for the Judge’s notes processed due to some issues with the cash at the registry. The Court was of the view that, the Judge’s notes having been prepared, further directions were required for the matter to proceed. Case Name: Angus Dennie v St. Vincent & the Grenadines Small Business & Microfinance Co-Operative Ltd SVGHCVAP2017/0013 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Samantha Robertson Respondent: Mr. Julian Jack 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 of Appeal in Saint Vincent and the Grenadines scheduled for 7 th June 2021 for counsel for the appellant to indicate whether the appellant is still interested in prosecuting the appeal. Reason: Ms. Robertson has recently taken conduct of this matter as counsel who had previous conduct is now deceased. Ms. Robertson indicated that she has tried to make contact with the appellant but has not been able to. She therefore requested more time to make contact to see if the appellant is still interested in prosecuting the appeal. Case Name: Stanley De Freitas v Financial Services Authority SVGHCVAP2017/0014 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Joseph Delves Respondent: Mr. Parnel Campbell, QC Issue: The status of the matter Type of Order: Directions Result/Order: IT IS HEREBY ORDERED AND DIRECTED THAT:

1.The parties shall provide the court in writing with their consent that the need for the transcript to be included in the record in whole or in part be dispensed with on or before 20 th January 2021.

2.The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court noted the indication from the Registrar of the High Court that both the recording of proceedings in the court below and the trial judge’s notes are unavailable. Further, counsel for the parties have agreed to dispense with the need for a transcript pursuant to rule 62.9(3) of the Civil Procedure Rules 2000. Case Name: Representatives of Winston Knights v Leroy Knights SVGHCVAP2018/0002 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Ms. Samantha Robertson Respondent: Ms. Rochelle Forde 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 Vincent and the Grenadines scheduled for 7 th June 2021 for report. Reason: The Court noted the indication from the parties that they wish to engage in settlement discussions. Case Name: Michael Ullman v

[1]Lars G. Abrahamsson

[2]Luma Limited SVG HCVAP2018/0010 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Richard Williams Respondents: No appearance Issue: The status of the matter Type of Order: Directions Result/ Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 26 th March 2021.

2.The respondents are at liberty to file and serve written submissions with authorities on or before 26 th April 2021.

3.The appellant is at liberty to file and serve written submissions in reply if necessary, on or before 11 th May 2021.

4.The hearing of the appeal is adjourned to the next sitting of the Court of Appeal in Saint Vincent and the Grenadines scheduled for the week commencing 14 th June 2021.

5.The Registrar of the High Court shall serve a copy of this order on the respondents and shall provide proof of service thereafter. Reason: Though the Record of Appeal was filed on 30 th December 2020, the respondent has not yet been served. The appellant indicated that he intends to serve the respondent today. Counsel for the appellant has also requested an extension for the filing of submissions to take into account the making of an application to amend the grounds of appeal. Case Name: Lamond Barker v

[1]Mary O’Garro

[2]Donna O’Garro SVGHCVAP2015/0021 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mr. Richard Williams holding for Mr. Roderick Jones Respondents: Ms. Paula David Issue: The status of the matter Type of Order: Directions Result/Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve the Record of Appeal on or before 29 th January, 2021.

2.The appellant shall file and serve written submissions with authorities, on or before 26 th February, 2021.

3.The respondent shall file and serve written submissions with authorities on or before 26 th March, 2021.

4.The appellant is at liberty to file and serve written submissions in reply, if necessary, on or before 12 th April, 2021.

5.The hearing of the appeal is fixed for the next Sitting of the Court of Appeal in Saint Vincent and the Grenadines during the week commencing 14 th June, 2021. Reason: Mr. Williams informed the Court that the Record of Appeal has not yet been filed as it is voluminous, being over 1000 pages and quite complex. Case Name: Nia Grecia v Malicia Nererson SVGMCVAP2019/0002 Date: Wednesday, 6th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance 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 scheduled for 7 th June 2021.

2.The Registrar of the High Court shall serve a copy of the Record of Appeal on the parties personally and shall provide proof of service thereafter.

3.The Registrar of the High Court shall serve a copy of this order on the parties personally and shall provide proof of service thereafter. Reason: The parties were not served to be present at the hearing. Case Name: Ian Fraser v

[1]Bruce Brown

[2]Ernest Brown SVG MCVAP2019/0003 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance Respondents: 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 scheduled for 7th June, 2021.

2.The Registrar of the High Court shall serve a copy of the Record of Appeal on the respondents personally and shall provide proof of service thereafter.

3.The Registrar of the High Court shall serve a copy of this order on the parties personally and shall provide proof of service thereafter. Reason: The parties were not served to be present at the hearing. The court office also noted that there was some difficulty in locating the 1 st respondent who had left Saint Vincent and the Grenadines in March 2019. Mrs. Kay Bacchus-Baptiste, the attorney on record in the court below but not in the appeal, stated that she is certain that the 1 st respondent is in the state of Saint Vincent and the Grenadines. Case Name: Francis Robinson v Tasca Abbott SVGMCVAP2019/0006 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: No appearance 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 scheduled for 7 th June, 2021.

2.The Registrar of the High Court shall serve a copy of the Record of Appeal and this order on the parties personally and shall provide proof of service thereafter.

3.The Registrar of the High Court shall serve a copy of this order on the parties personally and shall provide proof of service thereafter. Reason: The record of appeal was filed on 16 th May 2019 but there is no proof of service on the parties. There is also no proof of service on the parties for today’s status hearing. Case Name: Allie Harry v O’Brian Nanton SVGMCVAP2018/0004 Date: Wednesday, 6 th January 2021 Before: Mrs. Michelle John-Theobalds, Chief Registrar Appearances: Appellant: Mrs. Kay Bacchus-Baptiste Respondent: Mr. Ronald Marks Issue: The status of the matter Type of Order: Directions Result/Order: IT IS HEREBY ORDERED THAT:

1.The appellant shall file and serve written submissions with authorities on or before 26 th March 2021.

2.The respondent shall file and serve written submissions with authorities on or before 26 th April 2021.

3.The appellant is at liberty to file and serve written submissions with authorities in reply if necessary on or before 11 th May 2021.

4.The hearing of the appeal is fixed for the next Court of Appeal sitting in Saint Vincent and the Grenadines scheduled for the week commencing 14 th June 2021. Reason: Counsel for the appellant indicated that she was unable to get in contact with the appellant. She therefore requested an adjournment to take instructions on how to proceed. Counsel for the respondent informed that his client has been without his judgment since 2018 and wishes to get this matter resolved soonest and would prefer if the Court gave directions. The Court therefore suggested that time for filing submissions be extended to March 2021 so that in the event that the appellant does not wish to proceed then a Notice of Discontinuance can be filed. If the appellant wishes to proceed then submissions can be filed and the matter listed for hearing.