Chamber Hearing – 18th December 2018

CHAMBER HEARING 18th December 2018 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Gertel Thom, Justice of Appeal Case Name: IN THE MATTER of the Registered Land Act, Revised Statutes of Anguilla, Chapter R30, Section 147 AND IN THE MATTER of an Appeal by Collins Richardson, Carolyn Richardson (Administrator of the Estate of John Samuel Richardson); Boswell Richardson; Calvin Richardson; Leslie Richardson as Administrator of the Estate of Alma Richardson; Margie Hughes as Administrator of the Estate of Evangeline Hughes; Estelle Hughes as Administrator of the Estate of Samuel Benjamin Richardson; Calvin Richardson as Administrator of the Estate of Victor Richardson; Robert Austin Richardson as Administrator of the Estate of Eneria Richardson; Royston Richardson as Administrator of the Estate of James Richardson; Oliver MacDonna as Administrator of the Estate of Jane Rebecca Richardson and Sybil Ryhmer as the Administrator of the Estate of Florence Richardson against the decision of the Registrar of Lands dated 28th September 2010 and 7th July 2011 [AXAHCVAP2016/0002] (Anguilla) Date: Tuesday, 18th December 2018 On paper: Appellants/ Respondents: Mr. Kerith Kentish (Joyce Kentish & Associates) Mr. J. Alex Richardson (Alex Richardson & Associates) Respondent/ Applicant: Issue: Application for adjournment of appeal hearing Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an adjournment of the hearing of the appeal is refused.

2.The hearing of the appeal remains scheduled for the next sitting of the Court in Anguilla during the week commencing 14th January 2019. Reason: The Court noted that the notice of appeal was filed on 1st March 2016 and that this was the respondent’s third application for an adjournment. The Court was of the view that the respondents had not met the requirements for the grant of an adjournment. Case Name: Clytie Teague v Arthur Punter (As Lawful Attorney for Brillheart James as Executor of the Estate of Oriel Punter) [AXAHCVAP2018/0038] (Antigua and Barbuda) Date: Tuesday, 18th December 2018 On paper: Applicant: Mr. Cosbert Cumberbatch Issue: Application for extension of time to apply for leave to appeal – Application for notice of application for leave to appeal to be deemed properly filed – Application for leave to appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to file the notice of application for leave to appeal is denied. 2. The application to deem the notice of appeal filed on 25th October 2018 properly filed is denied.

3.The applicant shall serve the submissions in support of the application for a stay filed on 14th December on the respondent within 14 days of the date of this order.

4.The application for a stay of execution of the order of Smith J dated 11th July 2018 is adjourned for consideration at the next chamber hearing scheduled for 22nd January 2019. Reasons: In relation to the application for leave to appeal, the Court was of the view that leave was not required to appeal the order of Smith J dated 11th July 2018 as the order is a final order. The Court noted however that the notice of appeal filed on 25th October 2018 was filed out of time. In relation to the application for a stay, the Court noted that there was no proof of service of the submissions in support of the application for a stay on the respondent. Case Name: Jehu Hand v Keith Mazer [ANUHCVAP2018/0027] (Antigua and Barbuda) Date: Tuesday, 18th December 2019 Ms. Luann M. De Costa On paper: Appelant/Resp ondent: Ms. C. Debra Burentte (Henry & Burnette) Respondent/ Applicant Issues: Application for extension of time to file written submissions in opposition to the appeal and any other documents which have not been filed pursuant to CPR 62.10(1). Result / Order: IT IS HEREBY ORDERED THAT: The respondent/applicant is granted an extension of time of 14 days after the receipt of the bundle filed by the appellant/respondent pursuant to CPR 62.10(1) to file written submissions in opposition to the appeal together with any other documents which have not been filed pursuant to CPR 62.10(1). Reason: The Court was satisfied that the respondent/applicant had met the requirements for the grant of an extension of time. Case Name: Lionel Recardo Ferril v The Queen [ANUHCRAP2018/0009] (Antigua and Barbuda) Date: Tuesday, 18th December 2018 On paper: Applicant: Bowen & Bowen Issue: Application for leave to appeal out of time. Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve a copy of the notice of application for leave to appeal out of time on the Director of Public Prosecutions and shall provide proof of service of the application within 14 days of the date of this order. 2. The application is adjourned for further consideration at the next chamber hearing scheduled for 22nd January 2019. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Steve Urlings v The Queen [ANUHCRAP2018/0008] (Antigua and Barbuda) Date: Tuesday, 18th December 2019 On paper: Applicant: Bowen & Bowen Issues: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal out of time is granted. 2. The applicant shall file his notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time. Case Name: Claude King v George Lewis [ANUHCVAP2014/0027] (Antigua and Barbuda) Falmouth Harbour Chandlery v George Lewis ANUHCVAP2014/0026 (Antigua and Barbuda) Date: Tuesday, 18th December 2018 On paper: Applicant: Ms. Kema Benjamin (Marshall & Co) Respondent: Ms. C. Kamilah Roberts (Roberts & Co) Issue: Application for substitution of party Result / Order: IT IS HEREBY ORDERED THAT: Krystal Kenda Kandia King and Griffin King, administrator and co-administrator of the Estate of Claude King be substituted as the appellant in ANUHCVAP2014/0026 and the representative of the appellant in ANUHCVAP2014/0027. Reason: The Court was satisfied that the applicant had met the requirements for the substitution of a party pursuant to rule 19.2(5) of the Civil Procedure Rules 2000. The Court noted that there was no objection to the application. Case Name: Ernest Sanderson v Prem Chandiramani Rekha Mahtani Mohandas Mirpuri [GDAHCVAP2018/0012] (Grenada) Date: Tuesday, 18th December 2018 On paper: Applicant: Mr. Anselm B. Clouden (Grenlaw Chambers) Respondents: Ms. Winnifred Duncan Phillip (Duncan Phillip & Associates) Issue: Application for stay of execution and of all further proceedings Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondents shall serve the submissions in opposition to the application for a stay of execution of the order of Justice Wynante Adrien Roberts dated 12th October 2017 and of all further proceedings and provide proof of service within 14 days of the date of this order. 2. The application for a stay of execution of the order of Justice Wynante Adrien Roberts dated 12th October 2017 and of all further proceedings is adjourned for further consideration at the next chamber hearing scheduled for 22nd January 2019. Reason: The Court noted that there was no proof of service of the submissions in opposition on the applicant. Case Name: Native Hut Limited (trading as South City Plaza Hotel) v CLICO Investment Bank Limited (In Compulsory Liquidation) [GDAHCVAP2018/0002] (Grenada) Date: Tuesday, 18th December 2018 On paper: Mr. C. Jerry Edwin Appellant/ Respondent: Respondent/ Applicant: Ms. Shireen J. Wilkinson (Wilkinson, Wilkinson & Wilkinson) Issue: Application for extension of time to file written submissions in response – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time of 14 days from the date of this order to file written submissions in response. 2. The applicant shall pay the respondent costs in the sum of $750.00. Reasons: The Court noted that relief from sanction was not necessary for this application. The Court was satisfied that the applicant had met the requirements for the grant of an extension of time to file written submissions. Case Name: Ally Mills v The Queen [GDAHCRAP2016/0020] (Grenada) Date: Tuesday, 18th December 2018 On paper: Applicant: Ms. Sabrita Khan-Ramdhani (Ramdhani & Associates) Issue: Application for extension of time to appeal against sentence – Application for notice of appeal filed to be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time is granted. 2. The notice of appeal filed on 9th October 2018 is deemed properly filed. Reason: The Court was satisfied that it was in the interest of justice to grant an extension of time. Case Name: Sheldon Phillip v Peter Phillip [GDAHCVAP2018/0015] (Grenada) Date: Tuesday, 18th December 2018 On paper: Appellant/ Respondent: Ms. Sheriba Lewis (Kim George & Associates) Respondent/ Applicant: Ms. Cathisha L. Williams (Derick F. Sylvester & Associates) Issue: Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant/respondent shall serve the application filed on 29th November 2018 to strike out the notice of appeal on the respondent/appellant and shall provide proof of service within 14 days of the date of this order. 2. The application to strike out the notice of appeal is adjourned for further consideration at the next chamber hearing scheduled for 22nd January 2019. Reason: The Court noted that there was no proof of service of the application to strike out the notice of appeal on the appellant/respondent. Case Name: Terrence R. Joseph v RBTT Bank (Grenada) Ltd [GDAHCVAP2018/0004] Ms. Gennilyn E. Ettienne (Excelsior Legal Inc.) (Grenada) Date: Tuesday, 18th December 2018 On paper: Appellant/Resp ondent: Respondent/ Applicant: Ms. Shireen J. Wilkinson (Wilkinson, Wilkinson & Wilkinson) Issues: Application for extension of time to file notice of opposition and submissions – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to file notice of opposition and submissions is granted. 2. The applicant shall file and serve the notice of opposition and submissions on the appellant within 14 days of the date of this order. 3. The applicant shall pay the respondent costs in the sum of $750. Reason: The Court was satisfied that the applicant had met the threshold for the grant of an extension of time to file its notice of opposition and submissions. Case Name: Terrence R. Joseph v RBTT Bank (Grenada) Ltd [GDAHCVAP2018/0021] Ms. Gennilyn E. Ettienne (Excelsior Legal Inc.) (Grenada) Date: Tuesday, 18th December 2018 On paper: Appellant/Resp ondents: Respondent/ Applicant: Ms. Shireen J. Wilkinson (Wilkinson, Wilkinson & Wilkinson) Issue: Application for extension of time to file notice of opposition and submissions – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to file notice of opposition and submissions is granted. 2. The applicant shall file and serve the notice of opposition and submissions on the appellant within 14 days of the date of this order. 3. The applicant shall pay the respondent costs in the sum of $750. Reason: The Court was satisfied that the applicant had met the threshold for the grant of an extension of time to file its notice of opposition and submissions. Case Name: Yolanda Royer v The Queen [MNIHCRAP2018/0003] (Montserrat) Date: Tuesday, 18th December 2018 On paper: Applicant: Mr. Warren Cassell Issue: Application for extension of time – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve the application for extension of time and leave to appeal on the Director of Public Prosecution within 14 days of the date of this order. 2. The application is adjourned to the next chamber hearing scheduled for 22nd January, 2019. Reason: The Court noted that there was no evidence that the notice of application for extension of time and for leave to appeal was served on the Director of Public Prosecutions. Case Name: Robert Owen Haynes v Patricia Eudora Welsh [SKBHCVAP2018/0008] (Saint Christopher and Nevis) Date: Tuesday, 18th December 2018 On paper: Applicant: Ms. Natasha Grey Respondent: Ms. Midge Morton Issue: Application for stay of execution pending determination of appeal Result / Order: IT IS HEREBY ORDERED THAT: The execution of the order of Her Ladyship Justice Marlene Carter dated 1st May 2018 is stayed until the sitting of the Court of Appeal in St. Christopher and Nevis on Wednesday 30th January 2019. Reason: The Court was satisfied that based on the principles set out in the authorities such as Hammond Suddard Solicitors v Agrichem International Holdings Ltd, Marguerite Desir v Sabina James Alcide and C-Mobile Services Limited, that the applicant had satisfied the requirements for the grant of a stay of execution of the order of Her ladyship Justice Marlene Carter dated 1st May 2018. Case Name: William DeGrasse v Rory Flett [SKBMCVAP2018/0015] (Saint Christopher and Nevis) Date: Thursday, 18th December 2018 On paper: Applicant: Mr. John Cato Issues: Application for permission to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted a further period of 14 days within which to furnish this Court with a copy of the judgment or decision of Magistrate Renold Benjamin dated 25th April 2018. 2. The hearing of the application for permission to appeal out of time is adjourned to the chamber hearing of this Court scheduled for 22nd January 2019. Reason: The Court noted that the applicant had not complied with the order of Michel JA dated 8th November 2018 which directed that he furnishes the Court with a copy of the judgment or decision of Magistrate Renold Benjamin dated 25th April 2018 within 14 days of the date of the order. Case Name: Royal St. Lucia Police and Allied Services Co- Operative Credit Union Limited v Albert James [SLUHCVAP2015/0015] Mr. Ramon Raveneau (Chong & Co) (Saint Lucia) Date: Tuesday, 18th December 2018 On paper: Appellant/ Respondent: Mr. Horace Fraser Respondent/ Applicant: Issue: Application for leave to file skeleton arguments – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to file skeleton arguments within 21 days of this order. Reason: The Court noted that the Court was of the opinion that the applicant had met the threshold for the grant of an extension of time. Case Name: Attorney General v KCL Money Market Brokers Ltd. [SLUHCVAP2017/0042] (Saint Lucia) Date: Tuesday, 18th December 2018 On paper: Applicants: Mr, Rene Williams (Attorney General’s Chambers) Respondent: Mr. Leslie Prospere (Gordon, Gordon & Co.) Issue: Application for extension of time to file skeleton arguments – Application for skeleton arguments filed to be deemed properly filed. Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time within which to file and serve skeleton arguments is granted. 2. The skeleton arguments filed and served herein on 5th November 2018 is deemed properly filed. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time. Case Name: 1. Cyril Herelle 2. Cyril Herelle (Administrator of the Estate of Lima Herelle) v 1. The Cabinet of Ministers 2. The Water & Sewerage Company Inc. [SLUHCVAP2018/0037] (Saint Lucia) Date: Tuesday, 18th December 2018 On paper: Applicant: Mr. Dexter Theodore, QC Respondents: Mr. Rene Williams (Attorney General’s Chambers) for the first-named respondent Ms. Sherene S. Francis (George & Co) for the second- named respondent Issues: Application for extension of time – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to seek leave to appeal the order of Justice Cadie St. Rose-Albertini in SLUHCV2018/0254 dated 5th November 2018 is granted. 2. The applicant shall serve the skeleton arguments and affidavit in support of the application for a stay of execution filed on 10th December 2018 on the respondents within 14 days of the date of this order; 3. The application for a stay of execution of the orders of Justice Cadie St. Rose-Albertini dated 5th November 2018 is adjourned for consideration at the next chamber hearing schedule for 22nd January 2019. Reason: In relation to the application for an extension of time, the Court was of the opinion that no leave was required to appeal the order of Justice Cadie St. Rose-Albertini in SLUHCV2018/0190 dated 5th November 2018 refusing an application for an injunction pursuant to section 26(2)(g)(ii) of the Supreme Court Act of St. Lucia. The Court was also of the opinion that the applicant had met the requirements for the grant of an extension of time to seek leave to appeal the order of Justice Cadie St. Rose- Albertini in SLUHCV2018/0254 dated 5th November 2018. In relation to the application for the stay, the Court noted that there was no proof of service of the skeleton arguments and affidavit in support filed on 10th December 2018 on behalf of the applicant. Case Name: Linus Felix v Hildree Edward [SLUHCVAP2014/0006] (Saint Lucia) Date: Tuesday, 18th December 2018 On paper: Applicant: Ms. Edith Petra Jeffrey-Nelson (Greene, Nelson & Associates) Issue: Application for counsel to be removed from the record Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall serve the respondent, Hildree Edward with the application to be removed as counsel from the record as required by rule 63.6 of the CPR 2000. Reason: The Court noted that there was no affidavit of service evidencing service of the application on the respondent. Case Name: SOL EC LTD. v Rubis West Indies Limited [SLUHCVAP2017/0052] (Saint Lucia) Date: Tuesday, 18th December 2018 On paper: Applicant: Mrs. Michelle Anthony-Desir ( Du Boulay, Anthony & Co.) Respondent: Ms. Renee St. Rose (Fosters) Issues: Application for extension of time to file and serve the record of appeal – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to appeal is granted. 2. The applicant is granted 14 days from the date of this order within which to file and serve its record of appeal. 3. The appeal shall thereafter proceed in accordance with CPR 2000. Case Name: Anthony Gilbert v The Queen [SLUHCRAP2018/0002] (Saint Lucia) Date: Tuesday, 18th December 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal – Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The application for extension of time and for leave to appeal against sentence is set down for hearing before the Full Court at the next sitting of the Court of Appeal in the State of Saint Lucia during the week commencing 8th April 2019. Case Name: The Comptroller of Customs v Chinatown Inc. [SLUHCVAP2018/0001] (Saint Lucia) Date: Tuesday, 18th December 2018 On paper: Applicant: Mr. Kurt Thomas (Attorney General’s Chambers) Issue: Application for extension of time to file skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to file skeleton arguments is granted. 2. The skeleton arguments with authorities filed on 11th December 2018 is deemed properly filed. 3. The applicant shall serve the skeleton arguments on the respondent within 14 days of the date of this order. Reason: The Court was of the opinion that the applicant had met the threshold for the grant of an extension of time. Case Name: Terrance Joseph v The Queen [SVGHCRAP2018/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 18th December 2018 On paper: Applicant: In person Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal against conviction and sentence is granted. The notice of application for leave to appeal together with the letter dated 13th November 2018 is treated as the notice of appeal and is deemed properly filed. 2. The Registrar shall serve the documents stated at paragraph 1 of this order on the Director of Public Prosecutions. Case Name: Kamara George v The Queen [SVGHCRAP2018/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 18th December 2018 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to appeal is granted. 2. The applicant is to file a notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time within which to appeal. Case Name: Raul Boyde v The Queen [SVGMCRAP2018/0034] (Saint Vincent and the Grenadines) Date: Tuesday, 18th December 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to appeal is granted. 2. The applicant is to file a notice of appeal within 21 days of the date of this order. Reason: The Court noted that the applicant had met the requirements for the grant of an extension of time within which to appeal. Case Name: Alvin Burnett v Ronald Stowe [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 18th December 2018 On paper: Applicant: Ms. Euchrista St.Hilaire Bruce-Lyle Issue: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall furnish the Court with a copy of the order against which he seeks to appeal within 14 days of the date of this order. 2. The applicant is to furnish the Court with proof of service of the notice of application for extension of time to file a notice of appeal within 14 days of the date of this order. 3. The hearing of the application for an extension of time within which to file a notice of appeal is adjourned to the chamber hearing scheduled for 22nd January 2019. Reason: The Court noted the orders of Baptiste JA and Webster JA dated 23rd October and 20th November 2018 respectively, directing the applicant to provide proof of service of the notice of application for extension of time to file notice of appeal on the respondent. The Court noted that the applicant had not complied with the said orders. Also, the Court noted that the order against which the applicant seeks to appeal was not attached to the application. Case Name: Shemmica Cain v Keisha Bailey [SVGMCVAP2018/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 18th December 2018 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time is granted. 2. The applicant shall file a notice of appeal within 14 days of the date of this order. Case Name: Emron Jones v The Queen [SVGHCRAP2018/0020] (Saint Vincent and the Grenadines) Date: Tuesday, 18th December 2018 On paper: Applicant: In person Issue: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending the determination of the appeal is refused. Reason: The Court noted that the applicant had not met the requirements for the grant of bail pending the determination of the appeal in that there was no evidence of exceptional circumstances. Case Name: Shemar James v The Commissioner of Police [SVGMCRAP2018/0057] (Saint Vincent and the Grenadines) Date: Tuesday, 18th December 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to appeal is granted. 2. The notice of appeal filed on 14th November 2018 is deemed properly filed. Case Name: Vladimir Niyazov v Renova Industries Ltd [BVIHCMAP2018/0051] (Territory of the Virgin Islands) Date: Tuesday, 18th December 2018 On paper: Applicant: In person Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted 14 days within which to file a copy of the order he seeks to appeal. 2. The application is adjourned for further consideration at the next chamber hearing which is scheduled for the 22nd January 2019. Reason: The Court noted that the applicant had not filed a copy of the order which he seeks to appeal. Case Name: Selvin Chinnery v The Commissioner of Police [BVIMCRAP2018/0002] (Territory of the Virgin Islands) Date: Tuesday, 18th December 2018 On paper: Applicant: Mr. Patrick Thompson (PST LAW) Issue: Application for leave to file notice of appeal out of time – Application for notice of appeal filed to be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time is granted. 2. The applicant shall file a notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time.

CHAMBER HEARING th December 2018 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Gertel Thom, Justice of Appeal Case Name: IN THE MATTER of the Registered Land Act, Revised Statutes of Anguilla, Chapter R30, Section 147 AND IN THE MATTER of an Appeal by Collins Richardson, Carolyn Richardson (Administrator of the Estate of John Samuel Richardson); Boswell Richardson; Calvin Richardson; Leslie Richardson as Administrator of the Estate of Alma Richardson; Margie Hughes as Administrator of the Estate of Evangeline Hughes; Estelle Hughes as Administrator of the Estate of Samuel Benjamin Richardson; Calvin Richardson as Administrator of the Estate of Victor Richardson; Robert Austin Richardson as Administrator of the Estate of Eneria Richardson; Royston Richardson as Administrator of the Estate of James Richardson; Oliver MacDonna as Administrator of the Estate of Jane Rebecca Richardson and Sybil Ryhmer as the Administrator of the Estate of Florence Richardson against the decision of the Registrar of Lands dated 28 th September 2010 and 7 th July 2011 [AXAHCVAP2016/0002] (Anguilla) Date: Tuesday, 18 th December 2018 On paper: Appellants/ Respondents: Mr. J. Alex Richardson (Alex Richardson & Associates) Respondent/ Applicant: Mr. Kerith Kentish (Joyce Kentish & Associates) Issue: Application for adjournment of appeal hearing Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an adjournment of the hearing of the appeal is refused.

2.The hearing of the appeal remains scheduled for the next sitting of the Court in Anguilla during the week commencing 14 th January 2019. Reason: The Court noted that the notice of appeal was filed on 1 st March 2016 and that this was the respondent’s third application for an adjournment. The Court was of the view that the respondents had not met the requirements for the grant of an adjournment. Case Name: Clytie Teague v Arthur Punter (As Lawful Attorney for Brillheart James as Executor of the Estate of Oriel Punter) [AXAHCVAP2018/0038] (Antigua and Barbuda) chery Sai Date: Tuesday, 18 th December 2018 On paper: Applicant: Mr. Cosbert Cumberbatch Issue: Application for extension of time to apply for leave to appeal – Application for notice of application for leave to appeal to be deemed properly filed – Application for leave to appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

3.The applicant shall serve the submissions in support of the application for a stay filed on 14 th December on the respondent within 14 days of the date of this order.

4.The application for a stay of execution of the order of Smith J dated 11 th July 2018 is adjourned for consideration at the next chamber hearing scheduled for 22 nd January 2019. Reasons: In relation to the application for leave to appeal, the Court was of the view that leave was not required to appeal the order of Smith J dated 11 th July 2018 as the order is a final order. The Court noted however that the notice of appeal filed on 25 th October 2018 was filed out of time. In relation to the application for a stay, the Court noted that there was no proof of service of the submissions in support of the application for a stay on the respondent. Case Name: Jehu Hand v Keith Mazer [ANUHCVAP2018/0027] (Antigua and Barbuda) Date: Tuesday, 18 th December 2019 On paper: Appelant/Respondent: Ms. Luann M. De Costa Respondent/ Applicant Ms. C. Debra Burentte (Henry & Burnette) Issues: Application for extension of time to file written submissions in opposition to the appeal and any other documents which have not been filed pursuant to CPR 62.10(1). Result / Order: IT IS HEREBY ORDERED THAT: The respondent/applicant is granted an extension of time of 14 days after the receipt of the bundle filed by the appellant/respondent pursuant to CPR 62.10(1) to file written submissions in opposition to the appeal together with any other documents which have not been filed pursuant to CPR 62.10(1). Reason: The Court was satisfied that the respondent/applicant had met the requirements for the grant of an extension of time. Case Name: Lionel Recardo Ferril v The Queen [ANUHCRAP2018/0009] (Antigua and Barbuda) Date: Tuesday, 18 th December 2018 On paper: Applicant: Bowen & Bowen Issue: Application for leave to appeal out of time. Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to file the notice of application for leave to appeal is denied.

2.The application to deem the notice of appeal filed on 25 th October 2018 properly filed is denied.

1.The applicant shall serve a copy of the notice of application for leave to appeal out of time on the Director of Public Prosecutions and shall provide proof of service of the application within 14 days of the date of this order.

2.The application is adjourned for further consideration at the next chamber hearing scheduled for 22 nd January 2019. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Steve Urlings v The Queen [ANUHCRAP2018/0008] (Antigua and Barbuda) Date: Tuesday, 18 th December 2019 On paper: Applicant: Bowen & Bowen Issues: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal out of time is granted.

2.The applicant shall file his notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time. Case Name: Claude King v George Lewis [ANUHCVAP2014/0027] (Antigua and Barbuda) Falmouth Harbour Chandlery v George Lewis ANUHCVAP2014/0026 (Antigua and Barbuda) Date: Tuesday, 18 th December 2018 On paper: Applicant: Ms. Kema Benjamin (Marshall & Co) Respondent: Ms. C. Kamilah Roberts (Roberts & Co) Issue: Application for substitution of party Result / Order: IT IS HEREBY ORDERED THAT: Krystal Kenda Kandia King and Griffin King, administrator and co-administrator of the Estate of Claude King be substituted as the appellant in ANUHCVAP2014/0026 and the representative of the appellant in ANUHCVAP2014/0027. Reason: The Court was satisfied that the applicant had met the requirements for the substitution of a party pursuant to rule 19.2(5) of the Civil Procedure Rules 2000. The Court noted that there was no objection to the application. Case Name: Ernest Sanderson v Prem Chandiramani Rekha Mahtani Mohandas Mirpuri [GDAHCVAP2018/0012] (Grenada) Date: Tuesday, 18 th December 2018 On paper: Applicant: Mr. Anselm B. Clouden (Grenlaw Chambers) Respondents: Ms. Winnifred Duncan Phillip (Duncan Phillip & Associates) Issue: Application for stay of execution and of all further proceedings Result / Order: IT IS HEREBY ORDERED THAT:

1.The respondents shall serve the submissions in opposition to the application for a stay of execution of the order of Justice Wynante Adrien Roberts dated 12 th October 2017 and of all further proceedings and provide proof of service within 14 days of the date of this order.

2.The application for a stay of execution of the order of Justice Wynante Adrien Roberts dated 12 th October 2017 and of all further proceedings is adjourned for further consideration at the next chamber hearing scheduled for 22 nd January 2019. Reason: The Court noted that there was no proof of service of the submissions in opposition on the applicant. Case Name: Native Hut Limited (trading as South City Plaza Hotel) v CLICO Investment Bank Limited (In Compulsory Liquidation) [ GDAHCVAP2018/0002] (Grenada) Date: Tuesday, 18 th December 2018 On paper: Appellant/ Respondent: Mr. C. Jerry Edwin Respondent/ Applicant: Ms. Shireen J. Wilkinson (Wilkinson, Wilkinson & Wilkinson) Issue: Application for extension of time to file written submissions in response – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time of 14 days from the date of this order to file written submissions in response.

2.The applicant shall pay the respondent costs in the sum of $750.00. Reasons: The Court noted that relief from sanction was not necessary for this application. The Court was satisfied that the applicant had met the requirements for the grant of an extension of time to file written submissions. Case Name: Ally Mills v The Queen [GDAHCRAP2016/0020] (Grenada) Date: Tuesday, 18 th December 2018 On paper: Applicant: Ms. Sabrita Khan-Ramdhani (Ramdhani & Associates) Issue: Application for extension of time to appeal against sentence – Application for notice of appeal filed to be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time is granted.

2.The notice of appeal filed on 9 th October 2018 is deemed properly filed. Reason: The Court was satisfied that it was in the interest of justice to grant an extension of time. Case Name: Sheldon Phillip v Peter Phillip [GDAHCVAP2018/0015] (Grenada) Date: Tuesday, 18 th December 2018 On paper: Appellant/ Respondent: Ms. Sheriba Lewis (Kim George & Associates) Respondent/ Applicant: Ms. Cathisha L. Williams (Derick F. Sylvester & Associates) Issue: Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant/respondent shall serve the application filed on 29 th November 2018 to strike out the notice of appeal on the respondent/appellant and shall provide proof of service within 14 days of the date of this order.

2.The application to strike out the notice of appeal is adjourned for further consideration at the next chamber hearing scheduled for 22 nd January 2019. Reason: The Court noted that there was no proof of service of the application to strike out the notice of appeal on the appellant/respondent.

1.An extension of time is granted to the applicant to seek leave to appeal sentence.

3.Case Name: Terrence R. Joseph v RBTT Bank (Grenada) Ltd [GDAHCVAP2018/0004] (Grenada) Date: Tuesday, 18 th December 2018 On paper: Appellant/Respondent: Ms. Gennilyn E. Ettienne (Excelsior Legal Inc.) Respondent/ Applicant: Ms. Shireen J. Wilkinson (Wilkinson, Wilkinson & Wilkinson) Issues: Application for extension of time to file notice of opposition and submissions – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to file notice of opposition and submissions is granted.

2.The applicant shall file and serve the notice of opposition and submissions on the appellant within 14 days of the date of this order.

3.The applicant shall pay the respondent costs in the sum of $750. Reason: The Court was satisfied that the applicant had met the threshold for the grant of an extension of time to file its notice of opposition and submissions. Case Name: Terrence R. Joseph v RBTT Bank (Grenada) Ltd [GDAHCVAP2018/0021] (Grenada) Date: Tuesday, 18 th December 2018 On paper: Appellant/Respondents: Ms. Gennilyn E. Ettienne (Excelsior Legal Inc.) Respondent/ Applicant: Ms. Shireen J. Wilkinson (Wilkinson, Wilkinson & Wilkinson) Issue: Application for extension of time to file notice of opposition and submissions – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to file notice of opposition and submissions is granted.

2.The applicant shall file and serve the notice of opposition and submissions on the appellant within 14 days of the date of this order.

3.The applicant shall pay the respondent costs in the sum of $750. Reason: The Court was satisfied that the applicant had met the threshold for the grant of an extension of time to file its notice of opposition and submissions. Case Name: Yolanda Royer v The Queen [MNIHCRAP2018/0003] (Montserrat) Date: Tuesday, 18 th December 2018 On paper: Applicant: Mr. Warren Cassell Issue: Application for extension of time – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall serve the application for extension of time and leave to appeal on the Director of Public Prosecution within 14 days of the date of this order.

2.The application is adjourned to the next chamber hearing scheduled for 22 nd January, 2019. Reason: The Court noted that there was no evidence that the notice of application for extension of time and for leave to appeal was served on the Director of Public Prosecutions. Case Name: Robert Owen Haynes v Patricia Eudora Welsh [SKBHCVAP2018/0008] (Saint Christopher and Nevis) Date: Tuesday, 18 th December 2018 On paper: Applicant: Ms. Natasha Grey Respondent: Ms. Midge Morton Issue: Application for stay of execution pending determination of appeal Result / Order: IT IS HEREBY ORDERED THAT: The execution of the order of Her Ladyship Justice Marlene Carter dated 1 st May 2018 is stayed until the sitting of the Court of Appeal in St. Christopher and Nevis on Wednesday 30 th January 2019. Reason: The Court was satisfied that based on the principles set out in the authorities such as Hammond Suddard Solicitors v Agrichem International Holdings Ltd, Marguerite Desir v Sabina James Alcide and C-Mobile Services Limited , that the applicant had satisfied the requirements for the grant of a stay of execution of the order of Her ladyship Justice Marlene Carter dated 1 st May 2018. Case Name: William DeGrasse v Rory Flett [SKBMCVAP2018/0015] (Saint Christopher and Nevis) Date: Thursday, 18 th December 2018 On paper: Applicant: Mr. John Cato Issues: Application for permission to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted a further period of 14 days within which to furnish this Court with a copy of the judgment or decision of Magistrate Renold Benjamin dated 25 th April 2018.

2.The hearing of the application for permission to appeal out of time is adjourned to the chamber hearing of this Court scheduled for 22 nd January 2019 . Reason: The Court noted that the applicant had not complied with the order of Michel JA dated 8 th November 2018 which directed that he furnishes the Court with a copy of the judgment or decision of Magistrate Renold Benjamin dated 25 th April 2018 within 14 days of the date of the order. Case Name: Royal St. Lucia Police and Allied Services Co-Operative Credit Union Limited v Albert James [SLUHCVAP2015/0015] (Saint Lucia) Date: Tuesday, 18 th December 2018 On paper: Appellant/ Respondent: Mr. Ramon Raveneau (Chong & Co) Respondent/ Applicant: Mr. Horace Fraser Issue: Application for leave to file skeleton arguments – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to file skeleton arguments within 21 days of this order. Reason: The Court noted that the Court was of the opinion that the applicant had met the threshold for the grant of an extension of time. Case Name: Attorney General v KCL Money Market Brokers Ltd. [SLUHCVAP2017/0042] (Saint Lucia) Date: Tuesday, 18 th December 2018 On paper: Applicants: Mr, Rene Williams (Attorney General’s Chambers) Respondent: Mr. Leslie Prospere (Gordon, Gordon & Co.) Issue: Application for extension of time to file skeleton arguments – Application for skeleton arguments filed to be deemed properly filed. Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for extension of time within which to file and serve skeleton arguments is granted.

2.The skeleton arguments filed and served herein on 5 th November 2018 is deemed properly filed. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time. Case Name:

1.Cyril Herelle

2.Cyril Herelle (Administrator of the Estate of Lima Herelle) v

1.The Cabinet of Ministers

2.The Water & Sewerage Company Inc. [SLUHCVAP2018/0037] (Saint Lucia) Date: Tuesday, 18 th December 2018 On paper: Applicant: Mr. Dexter Theodore, QC Respondents: Mr. Rene Williams (Attorney General’s Chambers) for the first-named respondent Ms. Sherene S. Francis (George & Co) for the second-named respondent Issues: Application for extension of time – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to seek leave to appeal the order of Justice Cadie St. Rose-Albertini in SLUHCV2018/0254 dated 5 th November 2018 is granted.

2.The applicant shall serve the skeleton arguments and affidavit in support of the application for a stay of execution filed on 10 th December 2018 on the respondents within 14 days of the date of this order;

3.The application for a stay of execution of the orders of Justice Cadie St. Rose-Albertini dated 5 th November 2018 is adjourned for consideration at the next chamber hearing schedule for 22 nd January 2019. Reason: In relation to the application for an extension of time, the Court was of the opinion that no leave was required to appeal the order of Justice Cadie St. Rose-Albertini in SLUHCV2018/0190 dated 5 th November 2018 refusing an application for an injunction pursuant to section 26(2)(g)(ii) of the Supreme Court Act of St. Lucia. The Court was also of the opinion that the applicant had met the requirements for the grant of an extension of time to seek leave to appeal the order of Justice Cadie St. Rose-Albertini in SLUHCV2018/0254 dated 5 th November 2018. In relation to the application for the stay, the Court noted that there was no proof of service of the skeleton arguments and affidavit in support filed on 10 th December 2018 on behalf of the applicant. Case Name: Linus Felix v Hildree Edward [SLUHCVAP2014/0006] (Saint Lucia) Date: Tuesday, 18 th December 2018 On paper: Applicant: Ms. Edith Petra Jeffrey-Nelson (Greene, Nelson & Associates) Issue: Application for counsel to be removed from the record Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall serve the respondent, Hildree Edward with the application to be removed as counsel from the record as required by rule 63.6 of the CPR 2000. Reason: The Court noted that there was no affidavit of service evidencing service of the application on the respondent. Case Name: SOL EC LTD. v Rubis West Indies Limited [SLUHCVAP2017/0052] (Saint Lucia) Date: Tuesday, 18 th December 2018 On paper: Applicant: Mrs. Michelle Anthony-Desir ( Du Boulay, Anthony & Co.) Respondent: Ms. Renee St. Rose (Fosters) Issues: Application for extension of time to file and serve the record of appeal – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time within which to appeal is granted.

2.The applicant is granted 14 days from the date of this order within which to file and serve its record of appeal.

3.The appeal shall thereafter proceed in accordance with CPR 2000. Case Name: Anthony Gilbert v The Queen [SLUHCRAP2018/0002] (Saint Lucia) Date: Tuesday, 18 th December 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal – Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: T he application for extension of time and for leave to appeal against sentence is set down for hearing before the Full Court at the next sitting of the Court of Appeal in the State of Saint Lucia during the week commencing 8 th April 2019. Case Name: The Comptroller of Customs v Chinatown Inc. [SLUHCVAP2018/0001] (Saint Lucia) Date: Tuesday, 18 th December 2018 On paper: Applicant: Mr. Kurt Thomas (Attorney General’s Chambers) Issue: Application for extension of time to file skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to file skeleton arguments is granted.

2.The skeleton arguments with authorities filed on 11 th December 2018 is deemed properly filed.

3.The applicant shall serve the skeleton arguments on the respondent within 14 days of the date of this order. Reason: The Court was of the opinion that the applicant had met the threshold for the grant of an extension of time. Case Name: Terrance Joseph v The Queen [SVGHCRAP2018/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 18 th December 2018 On paper: Applicant: In person Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal against conviction and sentence is granted. The notice of application for leave to appeal together with the letter dated 13 th November 2018 is treated as the notice of appeal and is deemed properly filed.

2.The Registrar shall serve the documents stated at paragraph 1 of this order on the Director of Public Prosecutions. Case Name: Kamara George v The Queen [SVGHCRAP2018/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 18 th December 2018 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time within which to appeal is granted.

2.The applicant is to file a notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time within which to appeal. Case Name: Raul Boyde v The Queen [SVGMCRAP2018/0034] (Saint Vincent and the Grenadines) Date: Tuesday, 18 th December 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time within which to appeal is granted.

2.The applicant is to file a notice of appeal within 21 days of the date of this order. Reason: The Court noted that the applicant had met the requirements for the grant of an extension of time within which to appeal. Case Name: Alvin Burnett v Ronald Stowe [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 18 th December 2018 On paper: Applicant: Ms. Euchrista St.Hilaire Bruce-Lyle Issue: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall furnish the Court with a copy of the order against which he seeks to appeal within 14 days of the date of this order.

2.The applicant is to furnish the Court with proof of service of the notice of application for extension of time to file a notice of appeal within 14 days of the date of this order.

3.The hearing of the application for an extension of time within which to file a notice of appeal is adjourned to the chamber hearing scheduled for 22 nd January 2019. Reason: The Court noted the orders of Baptiste JA and Webster JA dated 23 rd October and 20 th November 2018 respectively, directing the applicant to provide proof of service of the notice of application for extension of time to file notice of appeal on the respondent. The Court noted that the applicant had not complied with the said orders. Also, the Court noted that the order against which the applicant seeks to appeal was not attached to the application. Case Name: Shemmica Cain v Keisha Bailey [SVGMCVAP2018/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 18 th December 2018 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time is granted.

2.The applicant shall file a notice of appeal within 14 days of the date of this order. Case Name: Emron Jones v The Queen [SVGHCRAP2018/0020] (Saint Vincent and the Grenadines) Date: Tuesday, 18 th December 2018 On paper: Applicant: In person Issue: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending the determination of the appeal is refused. Reason: The Court noted that the applicant had not met the requirements for the grant of bail pending the determination of the appeal in that there was no evidence of exceptional circumstances. Case Name: Shemar James v The Commissioner of Police [SVGMCRAP2018/0057] (Saint Vincent and the Grenadines) Date: Tuesday, 18 th December 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time within which to appeal is granted.

2.The notice of appeal filed on 14 th November 2018 is deemed properly filed. Case Name: Vladimir Niyazov v Renova Industries Ltd [BVIHCMAP2018/0051] (Territory of the Virgin Islands) Date: Tuesday, 18 th December 2018 On paper: Applicant: In person Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted 14 days within which to file a copy of the order he seeks to appeal.

2.The application is adjourned for further consideration at the next chamber hearing which is scheduled for the 22 nd January 2019. Reason: The Court noted that the applicant had not filed a copy of the order which he seeks to appeal. Case Name: Selvin Chinnery v The Commissioner of Police [BVIMCRAP2018/0002] (Territory of the Virgin Islands) Date: Tuesday, 18 th December 2018 On paper: Applicant: Mr. Patrick Thompson (PST LAW) Issue: Application for leave to file notice of appeal out of time – Application for notice of appeal filed to be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time is granted.

2.The applicant shall file a notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time.