Court of Appeal Sitting – 25th September 2019

IN THE COURT OF APPEAL OF THE EASTERN CARIBBEAN SUPREME COURT SAINT KITTS AND NEVIS TELECONFERENCE COURT OF APPEAL SITTING Wednesday 25th September 2019 APPLICATION AND APPEAL Case Name: [1] The Nevis Island Administration [2] The Director of Physical Planning Applicants v [1] Nevis Paradise Ltd. Respondent [2] Paradise Beach Holdings Limited Intervening Party [SKBHCVAP2019/0035] Date: Wednesday, 25th September 2019 Before: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal Appearances: Applicants: Ms. Jean M. Dyer, Mrs. Rhonda Nisbett-Browne with Ms. Kimberly Hanley-Bello Respondent: Mr. John Carrington QC with him Ms. Reisa Singh Mr. Brian Barnes with him Ms. Michelle Slack Intervening Party: Issue: Stay of Execution pending the determination of appeal Type of Order: Consent Order Result / Order: IT IS HEREBY ORDERED BY CONSENT THAT: 1. The interim stay of execution of the decision of Justice Ventose dated 7th August 2019, which was granted by consent on 23rd August 2019 is hereby continued until the sitting of the Court of Appeal in the Federation of St. Christopher & Nevis during the week of the 11th November 2019. 2. The applications for stay filed in Civil Appeal No. SKBHCVAP2019/0035 and Civil Appeal No. SKBHCVAP2019/0036 be fixed for hearing during the week of 11th November 2019. 3. The Applicants shall have carriage of this order. 4. The preparation of the transcript of the proceedings in the court below shall be expedited. Case Name: Paradise Beach Holdings Limited Applicant v Nevis Paradise Ltd. Respondent [SKBHCVAP2019/0036] Date: Wednesday, 25th September 2019 Before: The Hon. Mr. Davidson Baptiste, Justice of Appeal Appearances: Applicant: Mr. Brian J Barnes, with him Ms. Michelle Slack Respondent: Mr. John Carrington QC with him Ms. Reisa Singh Issue: Stay of Execution pending the determination of appeal Type of Order: Decision Result / Order: IT IS HEREBY ORDERED THAT:

1.The interim stay of execution of the decision of Justice Ventose dated 7th August 2019, which was granted by consent on 23rd August 2019 is hereby continued until the sitting of the Court of Appeal in the Federation of St. Christopher & Nevis during the week of the 11th November 2019.

2.The applications for stay filed in Civil Appeal No. SKBHCVAP2019/0035 and Civil Appeal No. SKBHCVAP2019/0036 be fixed for hearing during the week of 11th November 2019.

3.The preparation of the transcript of the proceedings in the court below shall be expedited.

COURT OF APPEAL SITTING 25th September 2019 Saint Kitts and Nevis