Chamber Hearing – November 2018
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51922-Chamber-Hearing-Digest-November-20-2018-FINAL.pdf current 2026-06-21 02:45:23.266516+00 · 324,597 B
CHAMBER HEARING NOVEMBER 2018 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Case Name: Carl Palmer v
[1]Superintendent of Prisons
[2]The Attorney General [AXAHCVAP2018/0018] (Anguilla) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for extension of time to apply for leave to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to apply for leave to appeal and leave to appeal the order of Justice Darshan Ramdhani dated 30th July 2018, refusing the grant of leave to apply for judicial review. 2. The applicant shall file an serve the notice of appeal within 21 days of the date of this order and the appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time and for leave to appeal. Case Name: [1] Paragon Holding Limited [2] John Erato v [1] Turtle’s Nest (Condominium) Co. Ltd. [2] Bradford Huffman
[3]Wesley Fuhrman [AXAHCVAP2018/0014] (Anguilla) Date: Tuesday, 20th November 2018 On paper: Applicants: Ms. Tara Carter (Carter & Associates) Respondents: Ms. Paulette Harrigan for the 2nd and 3rd Respondents Issues: Application for leave to appeal – Application for stay of execution. Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal is granted. 2. The applicants shall file and serve the notice of appeal within 21 days of the date of this order and the appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. 3. The applicants are granted a stay of execution pending the determination of the appeal or further order. 4. Costs of the application for leave to appeal and of the stay to be costs in the appeal. Reason: The Court was satisfied that the applicants have met the requirements for the grant of leave to appeal. The Court noted the applicants’ evidence of the risk of interruptions in the 1st applicant’s business activities and losing substantial investments. The Court was satisfied that the evidence advanced in support of the stay shows a risk of injustice to the applicants and that the appeal would be rendered nugatory if a stay is refused. The Court was thus satisfied that the applicants have met the threshold for the grant of a stay of execution. Case Name: Yida Zhang v Lux Locations Ltd. [ANUHCVAP2018/0024] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Dr. David Dorsett Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Claude Anthony v Auto Hub Ltd. [ANUHCVAP2018/0032] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Marshall & Co. Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Claude Anthony v [1] Auto Hub Ltd. [2] People’s Insurance Co. Ltd. (PIC) [ANUHCVAP2018/0034] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Marshall & Co. Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Stanford International Bank Limited (In Liquidation) (Acting by and through its Joint Liquidators Marcus A. Wide and Hugh Dickson) (Appellant/Cross-Appeal Respondent) v Proskauer Rose LLP (Respondent/Counter-Appellant/Applicant) Thomas V. Sjoblom Defendant ANUHCVAP2018/0011] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Dr. David Dorsett Issue: Application for case management conference and an oral hearing Result / Order: IT IS HEREBY ORDERED THAT: 1. The notice of application filed by the first respondent/counter appellant, Proskauer Rose LLP, on 9th October 2018 for a case management conference and an oral hearing is dismissed. 2. The appellant/counter respondent, Stanford International Bank Limited (in liquidation), and the first respondent/counter appellant, Proskauer Rose LLP, shall file written submissions setting out their respective proposals for the further case management of the appeal by the 4th December 2018. 3. The Court will consider the said proposals on paper at the Chamber Hearing set for 22nd January 2019 and give directions for the hearing of the appeal. 4. The costs of this application shall be costs in the appeal. Reason: The Court was satisfied that a case management conference with oral submissions is not the best use of judicial time. Case Name: Steve Urlings v The Queen [ANUHCRAP2018/0008] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Bowen & Bowen Issue: Application for extension of time to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve a copy of the notice of application for extension of time and a copy of this order on the Director of Public Prosecutions within 14 days of this order. 2. The Registrar of the High Court shall provide this Court with a copy of the minute of conviction within 14 days of the date of this order. 3. The Registrar of the High Court shall serve a copy of the minute of conviction on the Director of Public Prosecutions within 14 days of the date of this order. 4. The application is adjourned to the next Chamber Hearing scheduled for 18th December 2018 for further consideration. Reason: The Court noted that the application and the minute of conviction had not been served on the Director of Public Prosecutions. Case Name: Lionel Recardo Ferril v The Queen [ANUHCRAP2018/0009] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Bowen & Bowen Issue: Application for extension of time within which to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve a copy of the notice of application for extension of time and a copy of this order on the Director of Public Prosecutions within 14 days of the date of this order. 2. The Registrar of the High Court shall provide this Court with a copy of the minute of conviction within 14 days of the date of this order. 3. The Registrar of the High Court shall serve a copy of the minute of conviction on the Director of Public Prosecutions within 14 days of the date of this order. 4. The application is adjourned to the next Chamber hearing scheduled for 18th December 2018 for further consideration. Reason: The Court noted that the minute of conviction has not been provided. Case Name: [1] Philomen Nixon [2] Annette Turney v [1] Joseph Nixon Aka Paswoe [2] Jason Nixon (in His Personal Capacity and as the Personal Representative of the Estate Giraud Nixon) [3] Stever Nixon (In Her Personal Capacity and as the Personal Representative of the Estate of Gabriel Nixon)
[4]Johnnie Nixon [DOMHCVAP2018/0005] (Commonwealth of Dominica) Date: Tuesday, 20th November 2018 On paper: Applicants: Mark A. Douglas Issues: Application for relief from sanctions – Application for a declaration that the notice of appeal served on the respondent at his home address in the US constitutes good service and is complete – Application for an order dispensing with the requirement for service of the notice of appeal on the 2nd respondent – Application for leave serve the 2nd respondent out of the jurisdiction with the notice of appeal in such manner as the Court sees fit Result / Order: IT IS HEREBY ORDERED THAT: The purported service of the notice of appeal on the 2nd respondent at his home in New York on 16th October 2018 is declared to be ineffective and the appellants are granted an extension of time to serve the notice of appeal on the 2nd respondent and leave to serve the 2nd respondent outside the jurisdiction at his address 102-30 134th Street, South Richmond Hill, Queens, New York 11419 with the notice of appeal and provide proof of service within 28 days of the date of this order. Reason: The Court noted that the applicants have failed to effect proper service on the 2nd respondent. Case Name: Ally Mills v The Queen [GDAHCRAP2016/0020] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Ms. Sabrita Khan-Ramdhani Issue: Application for extension of time to appeal against sentence – Application to notice filed on 9th October 2018 to be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file and serve an affidavit in support of the application to deem the notice of appeal filed on 9th October 2018 properly filed within 14 days of the date of this order together with a copy of this order. 2. The applicant shall furnish this Court with proof of service of the affidavit in support and a copy of this order within 14 days of the date of this order. 3. The application is adjourned for further consideration at the next Chamber Hearing scheduled for 18th December 2018. Reason: The Court noted that the application for extension of time to apply for leave appeal is unnecessary; that there is no affidavit in support if the application to deem the notice of appeal filed on 9th October 2018; and the minute of conviction and sentence was not provided. Case Name: Raul Roberts v The Queen [GDAHCRAP2018/0016] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for leave to appeal against sentence - Application for an extension of time within which appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted (a) an extension of time to apply for leave to appeal and (b) leave to appeal against his conviction and sentence. 2. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court was satisfied that the applicant met the threshold for an extension of time to appeal and the grant of leave to appeal. Case Name: Akim Francis v The Queen [GDAHCRAP2018/0017] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for leave to appeal against conviction and sentence – Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted (a) an extension of time to apply for leave to appeal and (b) leave to appeal against his conviction and sentence. 2. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court noted that there had been compliance with the order of Baptiste JA dated 23rd October 2018 directing that the Director of Public Prosecutions be served with the application and a copy of the minute of conviction. The Court was satisfied that the applicant had met the requirements for an extension of time to appeal and the grant of leave to appeal. Case Name: Troy Ross v The Queen [GDAHCVAP2017/0015] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Mr. Dereck Sylvester Issue: Application for extension of time to file and serve notice of appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file and serve the notice of appeal on the Office of the Director of Public Prosecutions within 21 days of the date of this order. 2. The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court noted that there has been compliance with the amended order of Baptiste JA dated 23rd October 2018 directing service of the application on the Director of Public Prosecutions. Case Name: Finton De Bourg v The Queen [GDAHCRAP2016/0027] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending the hearing and determination of the appeal filed on 24th October 2018 is dismissed. Reason: The Court noted that the applicant was convicted in December 2016 of all six counts of the indictment and sentenced to varying sentences amounting to 23 years’ imprisonment. The Court further noted that the application for bail does not disclose any exceptional circumstances for granting bail pending the hearing and determination of the appeal in the sense contemplated by the authorities including R v Watton (1979) 68 Cr. App. R. 293 and Scantlebury v the State (1976) 27 WIR 103 Case Name: Native Hut Limited (T/A South City Plaza Hotel) v Clico Investment Bank (In Compulsory Liquidation) [GDAHCVAP2018/0002] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Eden Law Caribbean Respondent: Wilkinson, Wilkinson & Wilkinson Issues: Application for leave to appeal – Application to deem leave to appeal properly filed Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve a copy of the notice of application on the respondent within 14 days of the date of this order together with a copy of this order. 2. The applicant shall furnish this Court with proof of service within 14 days of the date of this order. 3. The application is adjourned for further consideration at the next Chamber Hearing scheduled for 18th December 2018. Reason: The Court noted that there is no evidence of service of the notice of application for extension of time and relief from sanctions. Case Name: Carriacou Development Corporation (Appellant) v [1] Margaret Corion [2] Nellie Adams (The Personal Representatives of The Estate of Samuel Corion, Deceased) (Respondents) The Attorney-General of Grenada (Applicant) [GDAHCRAP2018/0002] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: The Attorney General’s Chambers Appellant: Kim George & Associates Respondents: Lex Fidelis Issues: Application by the Attorney General of Grenada for leave to intervene as an appellant party Result / Order: IT IS HEREBY ORDERED THAT: 1. The Attorney General is granted leave in the public interest to intervene in this appeal as an appellant. 2. The applicant shall file a notice of appeal against the judgment of Justice Adrien-Roberts dated 16th October 2018 and serve the same personally on the appellant and respondents within 21 days of the date of this order. 3. The applicant shall furnish the Court with proof of service within 21 days of the date of this order. Reason: The Court noted that the appellant and respondents have not filed any opposition to the application. Case Name: [1] Agatha Peter [2] Thomas Francis [3] Andrea Fatal [4] Emma Francis
[5]Cindy Francis
[6]Flavia Francis
[7]Sandra Didier
[8]Soeria Peter
[9]Gemma Hunte
[10]Celia Cadette
[11]Javin Cadette
[12]Francisca Francis v [1] Ansonia Lydia Charles [2] Guy Charles [3] Rocksford Clarke [4] Patsy H. Cyril [5] Ernest C. Charles [6] Anselma V. Charles [7] Brenda D. Charles [SLUHCVAP2018/0004] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicants: Horace Fraser (Fraser and Company) Respondents: Wauneen Harris-Louis The appellants are granted an extension of time to file and serve the record of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the appellants met the requirements for an extension of time to file and serve the record of appeal, and that is no requirement for the appellants/applicants to obtain relief from sanctions. Case Name: Michael Joseph v [1] Indra Hariprashad-Charles [2] William Charles [SLUHCVAP2018/0033] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Appellant: Horace Fraser (Fraser and Company) Respondents: Dexter Theodore Q.C. (Theodore and Associates) Issue: Case management of appeal – notices of appeal filed by both the appellant and the respondents Result / Order: IT IS HEREBY ORDERED: 1. The notice of appeal filed by the respondents on 25th September 2018 is deemed a counter-notice of appeal pursuant to rules 62.1(2) and 62.8 of the Civil Procedure Rules 2000. 2. The appellant is directed to serve the amended notice of appeal dated 19th October 2018 on the respondents within 14 days of the date of this order. 3. The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the notice of appeal filed by the respondents on 25th September 2018 was filed after the appellant’s notice of appeal, and that there was no proof of service of the appellant’s amended notice of appeal on the respondents. Case Name: Cuthbert Felix v The Queen [SLUHCVAP2016/0024A] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicant: Donna Jacobie (The Jacobian Company) Issue: Application for extension of time to file and serve a supplemental record of appeal – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is granted an extension of time to file and serve a supplemental record of appeal within 21 days of the date of this order. 2. The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the requirements for an extension of time to file and serve a supplemental record of appeal and that there was no requirement for relief from sanctions. Case Name: Anthony Gilbert v The Queen [SLUHCRAP2018/0002] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court is directed to provide this Court with a copy of the minute of conviction and sentence within 14 days of the date of this order. 2. The applications for extension of time within which to appeal and for leave to appeal are adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that the minute of conviction and sentence was not attached to the applications. Case Name: William DeGrasse v Rory Flett [SKBMCVAP2018/0015] (Saint Christopher and Nevis) Date: Tuesday, 20th November 2018 On paper: Applicant: John Cato (Chancery Associates) Issue: Application for permission to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: The application for permission to appeal out of time is adjourned for further consideration to the next chamber sitting of this Court scheduled for 18th December 2018. Reason: The Court noted the order of Michel JA dated 8th November, that the applicant is to furnish the Court with a copy of the judgment/decision being appealed, and that the time for compliance with the order had not yet expired. Case Name: RBTT Bank Caribbean Limited v [1] John Nicholson [2] Garnet Williams [SVGHCVAP2016/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Keisal M. Peters (Elizabeth Law Chambers) Respondent: Ricardo O.F. Williams (Williams and Williams) Issue: Application for a stay of execution of judgment pending the determination of the appeal – Application for an extension of time to file and serve written submissions in support of application for a stay. Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant’s application for an extension of the time to file and serve its written submissions in support of its application for a stay of execution of the judgment of Lanns, J is dismissed. 2. The appellant’s application for a stay of execution of the judgment of Lanns, J is dismissed. 3. The appellant shall pay the costs of the application for a stay in the amount of $1,000.00. Reason: The Court noted the orders of Thom JA and Michel JA on 31st July and 5th October 2018 directing the applicant to file and serve skeleton arguments in support of its application for a stay of execution. The Court also noted the applicant’s non-compliance with the orders of Thom JA and Michel JA, and was satisfied that there should be no further adjournments of the matter on the account of the applicant’s failures to comply with the Court’s orders and that the applicant had not satisfied the requirements for a stay of execution. Case Name: Shemmica Cain v Keisha Bailey [SVGMCVAP2018/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for extension of time to appeal (by way of letter) Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file with written reasons for the delay in filing an appeal on or before 5th December 2018 failing which the application for an extension of time to file the notice of appeal shall stand dismissed without further order. 2. The applicant shall serve the notice of application by way of letter dated 4th June 2018 along with written reasons for the delay in filing an appeal on the respondent on or before 5th December 2018. 3. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that the applicant failed to give any explanation as to why the notice of appeal was not filed in time, that the applicant was ordered by Michel JA on 5th October 2018 to file and serve on the respondent written reasons for the delay in filing an appeal, and that the applicant had not complied with the order of Michel JA. Case Name: Michael Phillip Ulman v [1] Lars G. Abrahamsson [2] Luna Ltd [SVGHCVAP2018/0010] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Dannielle France (Williams & Williams) Issue: Application to serve notice of appeal and affidavit in support by publication in a local newspaper – Respondents resident outside the jurisdiction Result / Order: IT IS HEREBY ORDERED THAT: The application to serve the notice of appeal together with affidavit in support on the respondent by two consecutive publications in a local newspaper, is refused. Reason: The Court was not satisfied that two consecutive publications in a local newspaper were likely to bring notice of the notice of appeal filed on 11th September 2018 to the attention of the respondents. Case Name: Kamara George v The Queen [SVGHCRAP2018/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court is directed to serve a copy of the application for extension of time to appeal filed on 7th September 2018 and the minute of conviction on the Director of Public Prosecutions and shall furnish proof of service of the application within 14 days of the date of this order. 2. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Raul Boyde v The Queen [SVGHCRAP2018/0034] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 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 Registrar of the High Court is directed to serve a copy of the application for extension of time to appeal dated 18th September 2018 and the minute of adjudication on the Director of Public Prosecutions and shall furnish proof of service of the application within 14 days of the date of this order. 2. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Sylvester Kulina v Naomi Quashie [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: On paper: Applicant: S. Sten Mc N. Sargeant (Williams & Williams) Issue: Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application shall provide proof of service of the notice of application for a stay of execution of the judgment of Byer J dated 15th June 2018 on the respondent within 14 days of the date of this order. 2. The application is adjourned for further consideration at the next Chamber hearing scheduled for 20th November 2018. Reason: The Court noted that there was no proof of service of the notice of application on the respondent. Case Name: Alvin Burnett v Ronald Stowe [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Euchrista St. Hilaire Bruce-Lyle Issue: Application for extension of time to file a notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. 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. 2. The application is adjourned for further consideration at the next chamber hearing scheduled for 18th December 2018. Reason: The Court noted the order of Baptiste JA dated 23rd October 2018 directing the application to provide proof of service of the notice of application on the respondent and, that the applicant had not complied with the order of Baptiste JA. Case Name: Keith Worren v The Commissioner of Police [SVGMCRAP2018/0036] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issues: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall provide this Court with written reasons for the delay in filing an appeal within 28 days of the date of this order. 2. The Registrar of the High Court shall serve a copy of the notice of application for extension of time dated 4th October 2018 along with written reasons for the delay in filing the appeal on the Director of Public Prosecutions, and shall furnish proof of service within 14 days of the receiving written reasons. 3. The Registrar of the High Court shall provide this Court with a copy of the minute of conviction and sentence within 14 days of the date of this order. 4. The Registrar of the High Court shall cause a copy of this order to be served on the applicant forthwith. 5. The application for extension of time to appeal is adjourned to the chamber hearing of this Court scheduled for 22nd January 2019. Reason: The Court noted that the applicant had failed to include in the notice of application, reasons for his delay in filling the appeal. The Court also noted that there was no proof of service of the application on the Director of Public Prosecutions and that the minute of conviction and sentence was not attached to the application. Case Name: Atiba Jones v The Commissioner of Police [SVGMCRAP2018/0030] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for an extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time to appeal is granted. 2. Leave is granted to the applicant to file and serve a notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the application had met the requirements for the grant of an extension of time within which to appeal and for leave to appeal
CHAMBER HEARING NOVEMBER 2018 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Case Name: Carl Palmer v
[1]Superintendent of Prisons
[2]The Attorney General [AXAHCVAP2018/0018] (Anguilla) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for extension of time to apply for leave to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant is granted an extension of time to apply for leave to appeal and leave to appeal the order of Justice Darshan Ramdhani dated 30 th July 2018, refusing the grant of leave to apply for judicial review.
2.The applicant shall file an serve the notice of appeal within 21 days of the date of this order and the appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time and for leave to appeal. Case Name:
[1]Paragon Holding Limited
[2]John Erato v
[1]Turtle’s Nest (Condominium) Co. Ltd.
[2]Bradford Huffman
[3]Wesley Fuhrman [AXAHCVAP2018/0014] (Anguilla) Date: Tuesday, 20th November 2018 On paper: Applicants: Ms. Tara Carter (Carter & Associates) Respondents: Ms. Paulette Harrigan for the 2 nd and 3 rd Respondents Issues: Application for leave to appeal – Application for stay of execution. Result / Order: IT IS HEREBY ORDERED THAT:
1.The application for leave to appeal is granted.
2.The applicants shall file and serve the notice of appeal within 21 days of the date of this order and the appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000.
3.The applicants are granted a stay of execution pending the determination of the appeal or further order.
4.Costs of the application for leave to appeal and of the stay to be costs in the appeal. Reason: The Court was satisfied that the applicants have met the requirements for the grant of leave to appeal. The Court noted the applicants’ evidence of the risk of interruptions in the 1 st applicant’s business activities and losing substantial investments. The Court was satisfied that the evidence advanced in support of the stay shows a risk of injustice to the applicants and that the appeal would be rendered nugatory if a stay is refused. The Court was thus satisfied that the applicants have met the threshold for the grant of a stay of execution. Case Name: Yida Zhang v Lux Locations Ltd. [ANUHCVAP2018/0024] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Dr. David Dorsett Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28 th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11 th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Claude Anthony v Auto Hub Ltd. [ANUHCVAP2018/0032] (Antigua and Barbuda) Date: Tuesday, 20 th November 2018 On paper: Applicant: Marshall & Co. Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28 th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11 th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Claude Anthony v
[1]Auto Hub Ltd.
[2]People’s Insurance Co. Ltd. (PIC) [ANUHCVAP2018/0034] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Marshall & Co. Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28 th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11 th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Stanford International Bank Limited (In Liquidation) (Acting by and through its Joint Liquidators Marcus A. Wide and Hugh Dickson) (Appellant/Cross-Appeal Respondent) v Proskauer Rose LLP (Respondent/Counter-Appellant/Applicant) Thomas V. Sjoblom Defendant ANUHCVAP2018/0011] (Antigua and Barbuda) Date: Tuesday, 20 th November 2018 On paper: Applicant: Dr. David Dorsett Issue: Application for case management conference and an oral hearing Result / Order: IT IS HEREBY ORDERED THAT:
1.The notice of application filed by the first respondent/counter appellant, Proskauer Rose LLP, on 9 th October 2018 for a case management conference and an oral hearing is dismissed.
2.The appellant/counter respondent, Stanford International Bank Limited (in liquidation), and the first respondent/counter appellant, Proskauer Rose LLP, shall file written submissions setting out their respective proposals for the further case management of the appeal by the 4 th December 2018.
3.The Court will consider the said proposals on paper at the Chamber Hearing set for 22 nd January 2019 and give directions for the hearing of the appeal.
4.The costs of this application shall be costs in the appeal. Reason: The Court was satisfied that a case management conference with oral submissions is not the best use of judicial time. Case Name: Steve Urlings v The Queen [ANUHCRAP2018/0008] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Bowen & Bowen Issue: Application for extension of time to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall serve a copy of the notice of application for extension of time and a copy of this order on the Director of Public Prosecutions within 14 days of this order.
2.The Registrar of the High Court shall provide this Court with a copy of the minute of conviction within 14 days of the date of this order.
3.The Registrar of the High Court shall serve a copy of the minute of conviction on the Director of Public Prosecutions within 14 days of the date of this order.
4.The application is adjourned to the next Chamber Hearing scheduled for 18 th December 2018 for further consideration. Reason: The Court noted that the application and the minute of conviction had not been served on the Director of Public Prosecutions. Case Name: Lionel Recardo Ferril v The Queen [ANUHCRAP2018/0009] (Antigua and Barbuda) Date: Tuesday, 20 th November 2018 On paper: Applicant: Bowen & Bowen Issue: Application for extension of time within which to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall serve a copy of the notice of application for extension of time and a copy of this order on the Director of Public Prosecutions within 14 days of the date of this order.
2.The Registrar of the High Court shall provide this Court with a copy of the minute of conviction within 14 days of the date of this order.
3.The Registrar of the High Court shall serve a copy of the minute of conviction on the Director of Public Prosecutions within 14 days of the date of this order.
4.The application is adjourned to the next Chamber hearing scheduled for 18 th December 2018 for further consideration. Reason: The Court noted that the minute of conviction has not been provided. Case Name:
[1]Philomen Nixon
[2]Annette Turney v
[1]Joseph Nixon Aka Paswoe
[2]Jason Nixon (in His Personal Capacity and as the Personal Representative of the Estate Giraud Nixon)
[3]Stever Nixon (In Her Personal Capacity and as the Personal Representative of the Estate of Gabriel Nixon)
[4]Johnnie Nixon [DOMHCVAP2018/0005] (Commonwealth of Dominica) Date: Tuesday, 20 th November 2018 On paper: Applicants: Mark A. Douglas Issues: Application for relief from sanctions – Application for a declaration that the notice of appeal served on the respondent at his home address in the US constitutes good service and is complete – Application for an order dispensing with the requirement for service of the notice of appeal on the 2 nd respondent – Application for leave serve the 2 nd respondent out of the jurisdiction with the notice of appeal in such manner as the Court sees fit Result / Order: IT IS HEREBY ORDERED THAT: The purported service of the notice of appeal on the 2 nd respondent at his home in New York on 16 th October 2018 is declared to be ineffective and the appellants are granted an extension of time to serve the notice of appeal on the 2 nd respondent and leave to serve the 2 nd respondent outside the jurisdiction at his address 102-30 134 th Street, South Richmond Hill, Queens, New York 11419 with the notice of appeal and provide proof of service within 28 days of the date of this order. Reason: The Court noted that the applicants have failed to effect proper service on the 2 nd respondent. Case Name: Ally Mills v The Queen [GDAHCRAP2016/0020] (Grenada) Date: Tuesday, 20 th November 2018 On paper: Applicant: Ms. Sabrita Khan-Ramdhani Issue: Application for extension of time to appeal against sentence – Application to notice filed on 9 th October 2018 to be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall file and serve an affidavit in support of the application to deem the notice of appeal filed on 9 th October 2018 properly filed within 14 days of the date of this order together with a copy of this order.
2.The applicant shall furnish this Court with proof of service of the affidavit in support and a copy of this order within 14 days of the date of this order.
3.The application is adjourned for further consideration at the next Chamber Hearing scheduled for 18 th December 2018. Reason: The Court noted that the application for extension of time to apply for leave appeal is unnecessary; that there is no affidavit in support if the application to deem the notice of appeal filed on 9 th October 2018; and the minute of conviction and sentence was not provided. Case Name: Raul Roberts v The Queen [GDAHCRAP2018/0016] (Grenada) Date: Tuesday, 20 th November 2018 On paper: Applicant: In person Issues: Application for leave to appeal against sentence – Application for an extension of time within which appeal Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant is granted (a) an extension of time to apply for leave to appeal and (b) leave to appeal against his conviction and sentence.
2.The applicant shall file and serve the notice of appeal within 21 days of the date of this order.
3.The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court was satisfied that the applicant met the threshold for an extension of time to appeal and the grant of leave to appeal. Case Name: Akim Francis v The Queen [GDAHCRAP2018/0017] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for leave to appeal against conviction and sentence – Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant is granted (a) an extension of time to apply for leave to appeal and (b) leave to appeal against his conviction and sentence.
2.The applicant shall file and serve the notice of appeal within 21 days of the date of this order.
3.The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court noted that there had been compliance with the order of Baptiste JA dated 23 rd October 2018 directing that the Director of Public Prosecutions be served with the application and a copy of the minute of conviction. The Court was satisfied that the applicant had met the requirements for an extension of time to appeal and the grant of leave to appeal. Case Name: Troy Ross v The Queen [GDAHCVAP2017/0015] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Mr. Dereck Sylvester Issue: Application for extension of time to file and serve notice of appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant is granted an extension of time to file and serve the notice of appeal on the Office of the Director of Public Prosecutions within 21 days of the date of this order.
2.The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court noted that there has been compliance with the amended order of Baptiste JA dated 23 rd October 2018 directing service of the application on the Director of Public Prosecutions. Case Name: Finton De Bourg v The Queen [GDAHCRAP2016/0027] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending the hearing and determination of the appeal filed on 24 th October 2018 is dismissed. Reason: The Court noted that the applicant was convicted in December 2016 of all six counts of the indictment and sentenced to varying sentences amounting to 23 years’ imprisonment. The Court further noted that the application for bail does not disclose any exceptional circumstances for granting bail pending the hearing and determination of the appeal in the sense contemplated by the authorities including R v Watton (1979) 68 Cr. App. R. 293 and Scantlebury v the State (1976) 27 WIR 103 Case Name: Native Hut Limited (T/A South City Plaza Hotel) v Clico Investment Bank (In Compulsory Liquidation) [GDAHCVAP2018/0002] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Eden Law Caribbean Respondent: Wilkinson, Wilkinson & Wilkinson Issues: Application for leave to appeal – Application to deem leave to appeal properly filed Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall serve a copy of the notice of application on the respondent within 14 days of the date of this order together with a copy of this order.
2.The applicant shall furnish this Court with proof of service within 14 days of the date of this order.
3.The application is adjourned for further consideration at the next Chamber Hearing scheduled for 18 th December 2018. Reason: The Court noted that there is no evidence of service of the notice of application for extension of time and relief from sanctions. Case Name: Carriacou Development Corporation (Appellant) v
[1]Margaret Corion
[2]Nellie Adams (The Personal Representatives of The Estate of Samuel Corion, Deceased) (Respondents) The Attorney-General of Grenada (Applicant) [GDAHCRAP2018/0002] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: The Attorney General’s Chambers Appellant: Kim George & Associates Respondents: Lex Fidelis Issues: Application by the Attorney General of Grenada for leave to intervene as an appellant party Result / Order: IT IS HEREBY ORDERED THAT:
1.The Attorney General is granted leave in the public interest to intervene in this appeal as an appellant.
2.The applicant shall file a notice of appeal against the judgment of Justice Adrien-Roberts dated 16 th October 2018 and serve the same personally on the appellant and respondents within 21 days of the date of this order.
3.The applicant shall furnish the Court with proof of service within 21 days of the date of this order. Reason: The Court noted that the appellant and respondents have not filed any opposition to the application. Case Name:
[1]Agatha Peter
[2]Thomas Francis
[3]Andrea Fatal
[4]Emma Francis
[5]Cindy Francis
[6]Flavia Francis
[7]Sandra Didier
[8]Soeria Peter
[9]Gemma Hunte
[10]Celia Cadette
[11]Javin Cadette
[12]Francisca Francis v
[1]Ansonia Lydia Charles
[2]Guy Charles
[3]Rocksford Clarke
[4]Patsy H. Cyril
[5]Ernest C. Charles
[6]Anselma V. Charles
[7]Brenda D. Charles [SLUHCVAP2018/0004] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicants: Horace Fraser (Fraser and Company) Respondents: Wauneen Harris-Louis Issue: 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: The appellants are granted an extension of time to file and serve the record of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the appellants met the requirements for an extension of time to file and serve the record of appeal, and that is no requirement for the appellants/applicants to obtain relief from sanctions. Case Name: Michael Joseph v
[1]Indra Hariprashad-Charles
[2]William Charles [SLUHCVAP2018/0033] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Appellant: Horace Fraser (Fraser and Company) Respondents: Dexter Theodore Q.C. (Theodore and Associates) Issue: Case management of appeal – notices of appeal filed by both the appellant and the respondents Result / Order: IT IS HEREBY ORDERED:
1.The notice of appeal filed by the respondents on 25th September 2018 is deemed a counter-notice of appeal pursuant to rules 62.1(2) and 62.8 of the Civil Procedure Rules 2000.
2.The appellant is directed to serve the amended notice of appeal dated 19th October 2018 on the respondents within 14 days of the date of this order.
3.The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the notice of appeal filed by the respondents on 25 th September 2018 was filed after the appellant’s notice of appeal, and that there was no proof of service of the appellant’s amended notice of appeal on the respondents. Case Name: Cuthbert Felix v The Queen [SLUHCVAP2016/0024A] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicant: Donna Jacobie (The Jacobian Company) Issue: Application for extension of time to file and serve a supplemental record of appeal – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant is granted an extension of time to file and serve a supplemental record of appeal within 21 days of the date of this order.
2.The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the requirements for an extension of time to file and serve a supplemental record of appeal and that there was no requirement for relief from sanctions. Case Name: Anthony Gilbert v The Queen [SLUHCRAP2018/0002] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court is directed to provide this Court with a copy of the minute of conviction and sentence within 14 days of the date of this order.
2.The applications for extension of time within which to appeal and for leave to appeal are adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that the minute of conviction and sentence was not attached to the applications. Case Name: William DeGrasse v Rory Flett [SKBMCVAP2018/0015] (Saint Christopher and Nevis) Date: Tuesday, 20th November 2018 On paper: Applicant: John Cato (Chancery Associates) Issue: Application for permission to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: The application for permission to appeal out of time is adjourned for further consideration to the next chamber sitting of this Court scheduled for 18th December 2018. Reason: The Court noted the order of Michel JA dated 8th November, that the applicant is to furnish the Court with a copy of the judgment/decision being appealed, and that the time for compliance with the order had not yet expired. Case Name: RBTT Bank Caribbean Limited v
[1]John Nicholson
[2]Garnet Williams [SVGHCVAP2016/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Keisal M. Peters (Elizabeth Law Chambers) Respondent: Ricardo O.F. Williams (Williams and Williams) Issue: Application for a stay of execution of judgment pending the determination of the appeal – Application for an extension of time to file and serve written submissions in support of application for a stay. Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant’s application for an extension of the time to file and serve its written submissions in support of its application for a stay of execution of the judgment of Lanns, J is dismissed.
2.The appellant’s application for a stay of execution of the judgment of Lanns, J is dismissed.
3.The appellant shall pay the costs of the application for a stay in the amount of $1,000.00. Reason: The Court noted the orders of Thom JA and Michel JA on 31st July and 5th October 2018 directing the applicant to file and serve skeleton arguments in support of its application for a stay of execution. The Court also noted the applicant’s non-compliance with the orders of Thom JA and Michel JA, and was satisfied that there should be no further adjournments of the matter on the account of the applicant’s failures to comply with the Court’s orders and that the applicant had not satisfied the requirements for a stay of execution. Case Name: Shemmica Cain v Keisha Bailey [SVGMCVAP2018/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for extension of time to appeal (by way of letter) Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall file with written reasons for the delay in filing an appeal on or before 5th December 2018 failing which the application for an extension of time to file the notice of appeal shall stand dismissed without further order. The applicant shall serve the notice of application by way of letter dated 4th June 2018 along with written reasons for the delay in filing an appeal on the respondent on or before 5th December 2018. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that the applicant failed to give any explanation as to why the notice of appeal was not filed in time , that the applicant was ordered by Michel JA on 5th October 2018 to file and serve on the respondent written reasons for the delay in filing an appeal, and that the applicant had not complied with the order of Michel JA. Case Name: Michael Phillip Ulman v
[1]Lars G. Abrahamsson
[2]Luna Ltd [SVGHCVAP2018/0010] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Dannielle France (Williams & Williams) Issue: Application to serve notice of appeal and affidavit in support by publication in a local newspaper – Respondents resident outside the jurisdiction Result / Order: IT IS HEREBY ORDERED THAT: The application to serve the notice of appeal together with affidavit in support on the respondent by two consecutive publications in a local newspaper, is refused. Reason: The Court was not satisfied that two consecutive publications in a local newspaper were likely to bring notice of the notice of appeal filed on 11th September 2018 to the attention of the respondents. Case Name: Kamara George v The Queen [SVGHCRAP2018/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court is directed to serve a copy of the application for extension of time to appeal filed on 7th September 2018 and the minute of conviction on the Director of Public Prosecutions and shall furnish proof of service of the application within 14 days of the date of this order. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th De cember 2018. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Raul Boyde v The Queen [SVGHCRAP2018/0034] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court is directed to serve a copy of the application for extension of time to appeal dated 18th September 2018 and the minute of adjudication on the Director of Public Prosecutions and shall furnish proof of service of the application within 14 days of the date of this order. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Sylvester Kulina v Naomi Quashie [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: On paper: Applicant: S. Sten Mc N. Sargeant (Williams & Williams) Issue: Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application shall provide proof of service of the notice of application for a stay of execution of the judgment of Byer J dated 15th June 2018 on the respondent within 14 days of the date of this order. The application is adjourned for further consideration at the next Chamber hearing scheduled for 20th November 2018. Reason: The Court noted that there was no proof of service of the notice of application on the respondent. Case Name: Alvin Burnett v Ronald Stowe [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Euchrista St. Hilaire Bruce-Lyle Issue: Application for extension of time to file a notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 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. The application is adjourned for further consideration at the next chamber hearing scheduled for 18th December 2018. Reason: The Court noted the order of Baptiste JA dated 23rd October 2018 directing the application to provide proof of service of the notice of application on the respondent and, that the applicant had not complied with the order of Baptiste JA. Case Name: Keith Worren v The Commissioner of Police [SVGMCRAP2018/0036] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issues: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall provide this Court with written reasons for the delay in filing an appeal within 28 days of the date of this order. The Registrar of the High Court shall serve a copy of the notice of application for extension of time dated 4th October 2018 along with written reasons for the delay in filing the appeal on the Director of Public Prosecutions, and shall furnish proof of service within 14 days of the receiving written reasons. The Registrar of the High Court shall provide this Court with a copy of the minute of conviction and sentence within 14 days of the date of this order. The Registrar of the High Court shall cause a copy of this order to be served on the applicant forthwith. The application for extension of time to appeal is adjourned to the chamber hearing of this Court scheduled for 22nd January 2019. Reason: The Court noted that the applicant had failed to include in the notice of application, reasons for his delay in filling the appeal. The Court also noted that there was no proof of service of the application on the Director of Public Prosecutions and that the minute of conviction and sentence was not attached to the application. Case Name: Atiba Jones v The Commissioner of Police [SVGMCRAP2018/0030] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for an extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for extension of time to appeal is granted. Leave is granted to the applicant to file and serve a notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the application had met the requirements for the grant of an extension of time within which to appeal and for leave to appeal
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CHAMBER HEARING NOVEMBER 2018 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Case Name: Carl Palmer v
[1]Superintendent of Prisons
[2]The Attorney General [AXAHCVAP2018/0018] (Anguilla) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for extension of time to apply for leave to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to apply for leave to appeal and leave to appeal the order of Justice Darshan Ramdhani dated 30th July 2018, refusing the grant of leave to apply for judicial review. 2. The applicant shall file an serve the notice of appeal within 21 days of the date of this order and the appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time and for leave to appeal. Case Name: [1] Paragon Holding Limited [2] John Erato v [1] Turtle’s Nest (Condominium) Co. Ltd. [2] Bradford Huffman
[3]Wesley Fuhrman [AXAHCVAP2018/0014] (Anguilla) Date: Tuesday, 20th November 2018 On paper: Applicants: Ms. Tara Carter (Carter & Associates) Respondents: Ms. Paulette Harrigan for the 2nd and 3rd Respondents Issues: Application for leave to appeal – Application for stay of execution. Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal is granted. 2. The applicants shall file and serve the notice of appeal within 21 days of the date of this order and the appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. 3. The applicants are granted a stay of execution pending the determination of the appeal or further order. 4. Costs of the application for leave to appeal and of the stay to be costs in the appeal. Reason: The Court was satisfied that the applicants have met the requirements for the grant of leave to appeal. The Court noted the applicants’ evidence of the risk of interruptions in the 1st applicant’s business activities and losing substantial investments. The Court was satisfied that the evidence advanced in support of the stay shows a risk of injustice to the applicants and that the appeal would be rendered nugatory if a stay is refused. The Court was thus satisfied that the applicants have met the threshold for the grant of a stay of execution. Case Name: Yida Zhang v Lux Locations Ltd. [ANUHCVAP2018/0024] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Dr. David Dorsett Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Claude Anthony v Auto Hub Ltd. [ANUHCVAP2018/0032] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Marshall & Co. Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Claude Anthony v [1] Auto Hub Ltd. [2] People’s Insurance Co. Ltd. (PIC) [ANUHCVAP2018/0034] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Marshall & Co. Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Stanford International Bank Limited (In Liquidation) (Acting by and through its Joint Liquidators Marcus A. Wide and Hugh Dickson) (Appellant/Cross-Appeal Respondent) v Proskauer Rose LLP (Respondent/Counter-Appellant/Applicant) Thomas V. Sjoblom Defendant ANUHCVAP2018/0011] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Dr. David Dorsett Issue: Application for case management conference and an oral hearing Result / Order: IT IS HEREBY ORDERED THAT: 1. The notice of application filed by the first respondent/counter appellant, Proskauer Rose LLP, on 9th October 2018 for a case management conference and an oral hearing is dismissed. 2. The appellant/counter respondent, Stanford International Bank Limited (in liquidation), and the first respondent/counter appellant, Proskauer Rose LLP, shall file written submissions setting out their respective proposals for the further case management of the appeal by the 4th December 2018. 3. The Court will consider the said proposals on paper at the Chamber Hearing set for 22nd January 2019 and give directions for the hearing of the appeal. 4. The costs of this application shall be costs in the appeal. Reason: The Court was satisfied that a case management conference with oral submissions is not the best use of judicial time. Case Name: Steve Urlings v The Queen [ANUHCRAP2018/0008] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Bowen & Bowen Issue: Application for extension of time to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve a copy of the notice of application for extension of time and a copy of this order on the Director of Public Prosecutions within 14 days of this order. 2. The Registrar of the High Court shall provide this Court with a copy of the minute of conviction within 14 days of the date of this order. 3. The Registrar of the High Court shall serve a copy of the minute of conviction on the Director of Public Prosecutions within 14 days of the date of this order. 4. The application is adjourned to the next Chamber Hearing scheduled for 18th December 2018 for further consideration. Reason: The Court noted that the application and the minute of conviction had not been served on the Director of Public Prosecutions. Case Name: Lionel Recardo Ferril v The Queen [ANUHCRAP2018/0009] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Bowen & Bowen Issue: Application for extension of time within which to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve a copy of the notice of application for extension of time and a copy of this order on the Director of Public Prosecutions within 14 days of the date of this order. 2. The Registrar of the High Court shall provide this Court with a copy of the minute of conviction within 14 days of the date of this order. 3. The Registrar of the High Court shall serve a copy of the minute of conviction on the Director of Public Prosecutions within 14 days of the date of this order. 4. The application is adjourned to the next Chamber hearing scheduled for 18th December 2018 for further consideration. Reason: The Court noted that the minute of conviction has not been provided. Case Name: [1] Philomen Nixon [2] Annette Turney v [1] Joseph Nixon Aka Paswoe [2] Jason Nixon (in His Personal Capacity and as the Personal Representative of the Estate Giraud Nixon) [3] Stever Nixon (In Her Personal Capacity and as the Personal Representative of the Estate of Gabriel Nixon)
[4]Johnnie Nixon [DOMHCVAP2018/0005] (Commonwealth of Dominica) Date: Tuesday, 20th November 2018 On paper: Applicants: Mark A. Douglas Issues: Application for relief from sanctions – Application for a declaration that the notice of appeal served on the respondent at his home address in the US constitutes good service and is complete – Application for an order dispensing with the requirement for service of the notice of appeal on the 2nd respondent – Application for leave serve the 2nd respondent out of the jurisdiction with the notice of appeal in such manner as the Court sees fit Result / Order: IT IS HEREBY ORDERED THAT: The purported service of the notice of appeal on the 2nd respondent at his home in New York on 16th October 2018 is declared to be ineffective and the appellants are granted an extension of time to serve the notice of appeal on the 2nd respondent and leave to serve the 2nd respondent outside the jurisdiction at his address 102-30 134th Street, South Richmond Hill, Queens, New York 11419 with the notice of appeal and provide proof of service within 28 days of the date of this order. Reason: The Court noted that the applicants have failed to effect proper service on the 2nd respondent. Case Name: Ally Mills v The Queen [GDAHCRAP2016/0020] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Ms. Sabrita Khan-Ramdhani Issue: Application for extension of time to appeal against sentence – Application to notice filed on 9th October 2018 to be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file and serve an affidavit in support of the application to deem the notice of appeal filed on 9th October 2018 properly filed within 14 days of the date of this order together with a copy of this order. 2. The applicant shall furnish this Court with proof of service of the affidavit in support and a copy of this order within 14 days of the date of this order. 3. The application is adjourned for further consideration at the next Chamber Hearing scheduled for 18th December 2018. Reason: The Court noted that the application for extension of time to apply for leave appeal is unnecessary; that there is no affidavit in support if the application to deem the notice of appeal filed on 9th October 2018; and the minute of conviction and sentence was not provided. Case Name: Raul Roberts v The Queen [GDAHCRAP2018/0016] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for leave to appeal against sentence - Application for an extension of time within which appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted (a) an extension of time to apply for leave to appeal and (b) leave to appeal against his conviction and sentence. 2. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court was satisfied that the applicant met the threshold for an extension of time to appeal and the grant of leave to appeal. Case Name: Akim Francis v The Queen [GDAHCRAP2018/0017] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for leave to appeal against conviction and sentence – Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted (a) an extension of time to apply for leave to appeal and (b) leave to appeal against his conviction and sentence. 2. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. 3. The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court noted that there had been compliance with the order of Baptiste JA dated 23rd October 2018 directing that the Director of Public Prosecutions be served with the application and a copy of the minute of conviction. The Court was satisfied that the applicant had met the requirements for an extension of time to appeal and the grant of leave to appeal. Case Name: Troy Ross v The Queen [GDAHCVAP2017/0015] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Mr. Dereck Sylvester Issue: Application for extension of time to file and serve notice of appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time to file and serve the notice of appeal on the Office of the Director of Public Prosecutions within 21 days of the date of this order. 2. The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court noted that there has been compliance with the amended order of Baptiste JA dated 23rd October 2018 directing service of the application on the Director of Public Prosecutions. Case Name: Finton De Bourg v The Queen [GDAHCRAP2016/0027] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending the hearing and determination of the appeal filed on 24th October 2018 is dismissed. Reason: The Court noted that the applicant was convicted in December 2016 of all six counts of the indictment and sentenced to varying sentences amounting to 23 years’ imprisonment. The Court further noted that the application for bail does not disclose any exceptional circumstances for granting bail pending the hearing and determination of the appeal in the sense contemplated by the authorities including R v Watton (1979) 68 Cr. App. R. 293 and Scantlebury v the State (1976) 27 WIR 103 Case Name: Native Hut Limited (T/A South City Plaza Hotel) v Clico Investment Bank (In Compulsory Liquidation) [GDAHCVAP2018/0002] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Eden Law Caribbean Respondent: Wilkinson, Wilkinson & Wilkinson Issues: Application for leave to appeal – Application to deem leave to appeal properly filed Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve a copy of the notice of application on the respondent within 14 days of the date of this order together with a copy of this order. 2. The applicant shall furnish this Court with proof of service within 14 days of the date of this order. 3. The application is adjourned for further consideration at the next Chamber Hearing scheduled for 18th December 2018. Reason: The Court noted that there is no evidence of service of the notice of application for extension of time and relief from sanctions. Case Name: Carriacou Development Corporation (Appellant) v [1] Margaret Corion [2] Nellie Adams (The Personal Representatives of The Estate of Samuel Corion, Deceased) (Respondents) The Attorney-General of Grenada (Applicant) [GDAHCRAP2018/0002] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: The Attorney General’s Chambers Appellant: Kim George & Associates Respondents: Lex Fidelis Issues: Application by the Attorney General of Grenada for leave to intervene as an appellant party Result / Order: IT IS HEREBY ORDERED THAT: 1. The Attorney General is granted leave in the public interest to intervene in this appeal as an appellant. 2. The applicant shall file a notice of appeal against the judgment of Justice Adrien-Roberts dated 16th October 2018 and serve the same personally on the appellant and respondents within 21 days of the date of this order. 3. The applicant shall furnish the Court with proof of service within 21 days of the date of this order. Reason: The Court noted that the appellant and respondents have not filed any opposition to the application. Case Name: [1] Agatha Peter [2] Thomas Francis [3] Andrea Fatal [4] Emma Francis
[5]Cindy Francis
[6]Flavia Francis
[7]Sandra Didier
[8]Soeria Peter
[9]Gemma Hunte
[10]Celia Cadette
[11]Javin Cadette
[12]Francisca Francis v [1] Ansonia Lydia Charles [2] Guy Charles [3] Rocksford Clarke [4] Patsy H. Cyril [5] Ernest C. Charles [6] Anselma V. Charles [7] Brenda D. Charles [SLUHCVAP2018/0004] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicants: Horace Fraser (Fraser and Company) Respondents: Wauneen Harris-Louis The appellants are granted an extension of time to file and serve the record of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the appellants met the requirements for an extension of time to file and serve the record of appeal, and that is no requirement for the appellants/applicants to obtain relief from sanctions. Case Name: Michael Joseph v [1] Indra Hariprashad-Charles [2] William Charles [SLUHCVAP2018/0033] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Appellant: Horace Fraser (Fraser and Company) Respondents: Dexter Theodore Q.C. (Theodore and Associates) Issue: Case management of appeal – notices of appeal filed by both the appellant and the respondents Result / Order: IT IS HEREBY ORDERED: 1. The notice of appeal filed by the respondents on 25th September 2018 is deemed a counter-notice of appeal pursuant to rules 62.1(2) and 62.8 of the Civil Procedure Rules 2000. 2. The appellant is directed to serve the amended notice of appeal dated 19th October 2018 on the respondents within 14 days of the date of this order. 3. The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the notice of appeal filed by the respondents on 25th September 2018 was filed after the appellant’s notice of appeal, and that there was no proof of service of the appellant’s amended notice of appeal on the respondents. Case Name: Cuthbert Felix v The Queen [SLUHCVAP2016/0024A] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicant: Donna Jacobie (The Jacobian Company) Issue: Application for extension of time to file and serve a supplemental record of appeal – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is granted an extension of time to file and serve a supplemental record of appeal within 21 days of the date of this order. 2. The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the requirements for an extension of time to file and serve a supplemental record of appeal and that there was no requirement for relief from sanctions. Case Name: Anthony Gilbert v The Queen [SLUHCRAP2018/0002] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court is directed to provide this Court with a copy of the minute of conviction and sentence within 14 days of the date of this order. 2. The applications for extension of time within which to appeal and for leave to appeal are adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that the minute of conviction and sentence was not attached to the applications. Case Name: William DeGrasse v Rory Flett [SKBMCVAP2018/0015] (Saint Christopher and Nevis) Date: Tuesday, 20th November 2018 On paper: Applicant: John Cato (Chancery Associates) Issue: Application for permission to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: The application for permission to appeal out of time is adjourned for further consideration to the next chamber sitting of this Court scheduled for 18th December 2018. Reason: The Court noted the order of Michel JA dated 8th November, that the applicant is to furnish the Court with a copy of the judgment/decision being appealed, and that the time for compliance with the order had not yet expired. Case Name: RBTT Bank Caribbean Limited v [1] John Nicholson [2] Garnet Williams [SVGHCVAP2016/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Keisal M. Peters (Elizabeth Law Chambers) Respondent: Ricardo O.F. Williams (Williams and Williams) Issue: Application for a stay of execution of judgment pending the determination of the appeal – Application for an extension of time to file and serve written submissions in support of application for a stay. Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant’s application for an extension of the time to file and serve its written submissions in support of its application for a stay of execution of the judgment of Lanns, J is dismissed. 2. The appellant’s application for a stay of execution of the judgment of Lanns, J is dismissed. 3. The appellant shall pay the costs of the application for a stay in the amount of $1,000.00. Reason: The Court noted the orders of Thom JA and Michel JA on 31st July and 5th October 2018 directing the applicant to file and serve skeleton arguments in support of its application for a stay of execution. The Court also noted the applicant’s non-compliance with the orders of Thom JA and Michel JA, and was satisfied that there should be no further adjournments of the matter on the account of the applicant’s failures to comply with the Court’s orders and that the applicant had not satisfied the requirements for a stay of execution. Case Name: Shemmica Cain v Keisha Bailey [SVGMCVAP2018/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for extension of time to appeal (by way of letter) Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file with written reasons for the delay in filing an appeal on or before 5th December 2018 failing which the application for an extension of time to file the notice of appeal shall stand dismissed without further order. 2. The applicant shall serve the notice of application by way of letter dated 4th June 2018 along with written reasons for the delay in filing an appeal on the respondent on or before 5th December 2018. 3. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that the applicant failed to give any explanation as to why the notice of appeal was not filed in time, that the applicant was ordered by Michel JA on 5th October 2018 to file and serve on the respondent written reasons for the delay in filing an appeal, and that the applicant had not complied with the order of Michel JA. Case Name: Michael Phillip Ulman v [1] Lars G. Abrahamsson [2] Luna Ltd [SVGHCVAP2018/0010] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Dannielle France (Williams & Williams) Issue: Application to serve notice of appeal and affidavit in support by publication in a local newspaper – Respondents resident outside the jurisdiction Result / Order: IT IS HEREBY ORDERED THAT: The application to serve the notice of appeal together with affidavit in support on the respondent by two consecutive publications in a local newspaper, is refused. Reason: The Court was not satisfied that two consecutive publications in a local newspaper were likely to bring notice of the notice of appeal filed on 11th September 2018 to the attention of the respondents. Case Name: Kamara George v The Queen [SVGHCRAP2018/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court is directed to serve a copy of the application for extension of time to appeal filed on 7th September 2018 and the minute of conviction on the Director of Public Prosecutions and shall furnish proof of service of the application within 14 days of the date of this order. 2. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Raul Boyde v The Queen [SVGHCRAP2018/0034] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 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 Registrar of the High Court is directed to serve a copy of the application for extension of time to appeal dated 18th September 2018 and the minute of adjudication on the Director of Public Prosecutions and shall furnish proof of service of the application within 14 days of the date of this order. 2. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Sylvester Kulina v Naomi Quashie [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: On paper: Applicant: S. Sten Mc N. Sargeant (Williams & Williams) Issue: Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application shall provide proof of service of the notice of application for a stay of execution of the judgment of Byer J dated 15th June 2018 on the respondent within 14 days of the date of this order. 2. The application is adjourned for further consideration at the next Chamber hearing scheduled for 20th November 2018. Reason: The Court noted that there was no proof of service of the notice of application on the respondent. Case Name: Alvin Burnett v Ronald Stowe [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Euchrista St. Hilaire Bruce-Lyle Issue: Application for extension of time to file a notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. 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. 2. The application is adjourned for further consideration at the next chamber hearing scheduled for 18th December 2018. Reason: The Court noted the order of Baptiste JA dated 23rd October 2018 directing the application to provide proof of service of the notice of application on the respondent and, that the applicant had not complied with the order of Baptiste JA. Case Name: Keith Worren v The Commissioner of Police [SVGMCRAP2018/0036] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issues: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall provide this Court with written reasons for the delay in filing an appeal within 28 days of the date of this order. 2. The Registrar of the High Court shall serve a copy of the notice of application for extension of time dated 4th October 2018 along with written reasons for the delay in filing the appeal on the Director of Public Prosecutions, and shall furnish proof of service within 14 days of the receiving written reasons. 3. The Registrar of the High Court shall provide this Court with a copy of the minute of conviction and sentence within 14 days of the date of this order. 4. The Registrar of the High Court shall cause a copy of this order to be served on the applicant forthwith. 5. The application for extension of time to appeal is adjourned to the chamber hearing of this Court scheduled for 22nd January 2019. Reason: The Court noted that the applicant had failed to include in the notice of application, reasons for his delay in filling the appeal. The Court also noted that there was no proof of service of the application on the Director of Public Prosecutions and that the minute of conviction and sentence was not attached to the application. Case Name: Atiba Jones v The Commissioner of Police [SVGMCRAP2018/0030] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for an extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time to appeal is granted. 2. Leave is granted to the applicant to file and serve a notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the application had met the requirements for the grant of an extension of time within which to appeal and for leave to appeal
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CHAMBER HEARING NOVEMBER 2018 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Case Name: Carl Palmer v
[1]Superintendent of Prisons
[2]The Attorney General [AXAHCVAP2018/0018] (Anguilla) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for extension of time to apply for leave to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:
[3]Wesley Fuhrman [AXAHCVAP2018/0014] (Anguilla) Date: Tuesday, 20th November 2018 On paper: Applicants: Ms. Tara Carter (Carter & Associates) Respondents: Ms. Paulette Harrigan for the 2 nd and 3 rd Respondents Issues: Application for leave to appeal – Application for stay of execution. Result / Order: IT IS HEREBY ORDERED THAT:
[4]Johnnie Nixon [DOMHCVAP2018/0005] (Commonwealth of Dominica) Date: Tuesday, 20 th November 2018 On paper: Applicants: Mark A. Douglas Issues: Application for relief from sanctions – Application for a declaration that the notice of appeal served on the respondent at his home address in the US constitutes good service and is complete – Application for an order dispensing with the requirement for service of the notice of appeal on the 2 nd respondent – Application for leave serve the 2 nd respondent out of the jurisdiction with the notice of appeal in such manner as the Court sees fit Result / Order: IT IS HEREBY ORDERED THAT: The purported service of the notice of appeal on the 2 nd respondent at his home in New York on 16 th October 2018 is declared to be ineffective and the appellants are granted an extension of time to serve the notice of appeal on the 2 nd respondent and leave to serve the 2 nd respondent outside the jurisdiction at his address 102-30 134 th Street, South Richmond Hill, Queens, New York 11419 with the notice of appeal and provide proof of service within 28 days of the date of this order. Reason: The Court noted that the applicants have failed to effect proper service on the 2 nd respondent. Case Name: Ally Mills v The Queen [GDAHCRAP2016/0020] (Grenada) Date: Tuesday, 20 th November 2018 On paper: Applicant: Ms. Sabrita Khan-Ramdhani Issue: Application for extension of time to appeal against sentence – Application to notice filed on 9 th October 2018 to be deemed properly filed Result / Order: IT IS HEREBY ORDERED THAT:
[5]Cindy Francis
[6]Flavia Francis
[7]Sandra Didier
[8]Soeria Peter
[9]Gemma Hunte
[10]Celia Cadette
[11]Javin Cadette
[12]Francisca Francis v
1.The applicant is granted an extension of time to apply for leave to appeal and leave to appeal the order of Justice Darshan Ramdhani dated 30 th July 2018, refusing the grant of leave to apply for judicial review.
2.The applicant shall file an serve the notice of appeal within 21 days of the date of this order and the appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the requirements for the grant of an extension of time and for leave to appeal. Case Name:
[1]Paragon Holding Limited
[2]John Erato v
[1]Turtle’s Nest (Condominium) Co. Ltd.
[2]Bradford Huffman
1.The application for leave to appeal is granted.
2.The applicants shall file and serve the notice of appeal within 21 days of the date of this order and the appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000.
3.The applicants are granted a stay of execution pending the determination of the appeal or further order.
4.Costs of the application for leave to appeal and of the stay to be costs in the appeal. Reason: The Court was satisfied that the applicants have met the requirements for the grant of leave to appeal. The Court noted the applicants’ evidence of the risk of interruptions in the 1 st applicant’s business activities and losing substantial investments. The Court was satisfied that the evidence advanced in support of the stay shows a risk of injustice to the applicants and that the appeal would be rendered nugatory if a stay is refused. The Court was thus satisfied that the applicants have met the threshold for the grant of a stay of execution. Case Name: Yida Zhang v Lux Locations Ltd. [ANUHCVAP2018/0024] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Dr. David Dorsett Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28 th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11 th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Claude Anthony v Auto Hub Ltd. [ANUHCVAP2018/0032] (Antigua and Barbuda) Date: Tuesday, 20 th November 2018 On paper: Applicant: Marshall & Co. Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28 th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11 th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Claude Anthony v
[1]Auto Hub Ltd.
[2]People’s Insurance Co. Ltd. (PIC) [ANUHCVAP2018/0034] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Marshall & Co. Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the order of Master Jan Drysdale dated 28 th June 2018 is set for hearing before the Full Court at the sitting of the Court of Appeal in Antigua during the week commencing 11 th March 2019. Reason: The Court was minded to refuse leave to appeal. Case Name: Stanford International Bank Limited (In Liquidation) (Acting by and through its Joint Liquidators Marcus A. Wide and Hugh Dickson) (Appellant/Cross-Appeal Respondent) v Proskauer Rose LLP (Respondent/Counter-Appellant/Applicant) Thomas V. Sjoblom Defendant ANUHCVAP2018/0011] (Antigua and Barbuda) Date: Tuesday, 20 th November 2018 On paper: Applicant: Dr. David Dorsett Issue: Application for case management conference and an oral hearing Result / Order: IT IS HEREBY ORDERED THAT:
1.The notice of application filed by the first respondent/counter appellant, Proskauer Rose LLP, on 9 th October 2018 for a case management conference and an oral hearing is dismissed.
2.The appellant/counter respondent, Stanford International Bank Limited (in liquidation), and the first respondent/counter appellant, Proskauer Rose LLP, shall file written submissions setting out their respective proposals for the further case management of the appeal by the 4 th December 2018.
3.The Court will consider the said proposals on paper at the Chamber Hearing set for 22 nd January 2019 and give directions for the hearing of the appeal.
4.The costs of this application shall be costs in the appeal. Reason: The Court was satisfied that a case management conference with oral submissions is not the best use of judicial time. Case Name: Steve Urlings v The Queen [ANUHCRAP2018/0008] (Antigua and Barbuda) Date: Tuesday, 20th November 2018 On paper: Applicant: Bowen & Bowen Issue: Application for extension of time to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall serve a copy of the notice of application for extension of time and a copy of this order on the Director of Public Prosecutions within 14 days of this order.
2.The Registrar of the High Court shall provide this Court with a copy of the minute of conviction within 14 days of the date of this order.
3.The Registrar of the High Court shall serve a copy of the minute of conviction on the Director of Public Prosecutions within 14 days of the date of this order.
4.The application is adjourned to the next Chamber Hearing scheduled for 18 th December 2018 for further consideration. Reason: The Court noted that the application and the minute of conviction had not been served on the Director of Public Prosecutions. Case Name: Lionel Recardo Ferril v The Queen [ANUHCRAP2018/0009] (Antigua and Barbuda) Date: Tuesday, 20 th November 2018 On paper: Applicant: Bowen & Bowen Issue: Application for extension of time within which to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall serve a copy of the notice of application for extension of time and a copy of this order on the Director of Public Prosecutions within 14 days of the date of this order.
2.The Registrar of the High Court shall provide this Court with a copy of the minute of conviction within 14 days of the date of this order.
3.The Registrar of the High Court shall serve a copy of the minute of conviction on the Director of Public Prosecutions within 14 days of the date of this order.
4.The application is adjourned to the next Chamber hearing scheduled for 18 th December 2018 for further consideration. Reason: The Court noted that the minute of conviction has not been provided. Case Name:
[1]Philomen Nixon
[2]Annette Turney v
[1]Joseph Nixon Aka Paswoe
[2]Jason Nixon (in His Personal Capacity and as the Personal Representative of the Estate Giraud Nixon)
[3]Stever Nixon (In Her Personal Capacity and as the Personal Representative of the Estate of Gabriel Nixon)
1.The applicant shall file and serve an affidavit in support of the application to deem the notice of appeal filed on 9 th October 2018 properly filed within 14 days of the date of this order together with a copy of this order.
2.The applicant shall furnish this Court with proof of service of the affidavit in support and a copy of this order within 14 days of the date of this order.
3.The application is adjourned for further consideration at the next Chamber Hearing scheduled for 18 th December 2018. Reason: The Court noted that the application for extension of time to apply for leave appeal is unnecessary; that there is no affidavit in support if the application to deem the notice of appeal filed on 9 th October 2018; and the minute of conviction and sentence was not provided. Case Name: Raul Roberts v The Queen [GDAHCRAP2018/0016] (Grenada) Date: Tuesday, 20 th November 2018 On paper: Applicant: In person Issues: Application for leave to appeal against sentence – Application for an extension of time within which appeal Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant is granted (a) an extension of time to apply for leave to appeal and (b) leave to appeal against his conviction and sentence.
2.The applicant shall file and serve the notice of appeal within 21 days of the date of this order.
3.The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court was satisfied that the applicant met the threshold for an extension of time to appeal and the grant of leave to appeal. Case Name: Akim Francis v The Queen [GDAHCRAP2018/0017] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issues: Application for leave to appeal against conviction and sentence – Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant is granted (a) an extension of time to apply for leave to appeal and (b) leave to appeal against his conviction and sentence.
2.The applicant shall file and serve the notice of appeal within 21 days of the date of this order.
3.The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court noted that there had been compliance with the order of Baptiste JA dated 23 rd October 2018 directing that the Director of Public Prosecutions be served with the application and a copy of the minute of conviction. The Court was satisfied that the applicant had met the requirements for an extension of time to appeal and the grant of leave to appeal. Case Name: Troy Ross v The Queen [GDAHCVAP2017/0015] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Mr. Dereck Sylvester Issue: Application for extension of time to file and serve notice of appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant is granted an extension of time to file and serve the notice of appeal on the Office of the Director of Public Prosecutions within 21 days of the date of this order.
2.The Registrar of the High Court shall provide proof of service of this order on the applicant. Reason: The Court noted that there has been compliance with the amended order of Baptiste JA dated 23 rd October 2018 directing service of the application on the Director of Public Prosecutions. Case Name: Finton De Bourg v The Queen [GDAHCRAP2016/0027] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending the hearing and determination of the appeal filed on 24 th October 2018 is dismissed. Reason: The Court noted that the applicant was convicted in December 2016 of all six counts of the indictment and sentenced to varying sentences amounting to 23 years’ imprisonment. The Court further noted that the application for bail does not disclose any exceptional circumstances for granting bail pending the hearing and determination of the appeal in the sense contemplated by the authorities including R v Watton (1979) 68 Cr. App. R. 293 and Scantlebury v the State (1976) 27 WIR 103 Case Name: Native Hut Limited (T/A South City Plaza Hotel) v Clico Investment Bank (In Compulsory Liquidation) [GDAHCVAP2018/0002] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: Eden Law Caribbean Respondent: Wilkinson, Wilkinson & Wilkinson Issues: Application for leave to appeal – Application to deem leave to appeal properly filed Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall serve a copy of the notice of application on the respondent within 14 days of the date of this order together with a copy of this order.
2.The applicant shall furnish this Court with proof of service within 14 days of the date of this order.
3.The application is adjourned for further consideration at the next Chamber Hearing scheduled for 18 th December 2018. Reason: The Court noted that there is no evidence of service of the notice of application for extension of time and relief from sanctions. Case Name: Carriacou Development Corporation (Appellant) v
[1]Margaret Corion
[2]Nellie Adams (The Personal Representatives of The Estate of Samuel Corion, Deceased) (Respondents) The Attorney-General of Grenada (Applicant) [GDAHCRAP2018/0002] (Grenada) Date: Tuesday, 20th November 2018 On paper: Applicant: The Attorney General’s Chambers Appellant: Kim George & Associates Respondents: Lex Fidelis Issues: Application by the Attorney General of Grenada for leave to intervene as an appellant party Result / Order: IT IS HEREBY ORDERED THAT:
1.The Attorney General is granted leave in the public interest to intervene in this appeal as an appellant.
2.The applicant shall file a notice of appeal against the judgment of Justice Adrien-Roberts dated 16 th October 2018 and serve the same personally on the appellant and respondents within 21 days of the date of this order.
3.The applicant shall furnish the Court with proof of service within 21 days of the date of this order. Reason: The Court noted that the appellant and respondents have not filed any opposition to the application. Case Name:
[1]Agatha Peter
[2]Thomas Francis
[3]Andrea Fatal
[4]Emma Francis
[1]Ansonia Lydia Charles
[2]Guy Charles
[3]Rocksford Clarke
[4]Patsy H. Cyril
[5]Ernest C. Charles
[6]Anselma V. Charles
[7]Brenda D. Charles [SLUHCVAP2018/0004] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicants: Horace Fraser (Fraser and Company) Respondents: Wauneen Harris-Louis Issue: 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: The appellants are granted an extension of time to file and serve the record of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the appellants met the requirements for an extension of time to file and serve the record of appeal, and that is no requirement for the appellants/applicants to obtain relief from sanctions. Case Name: Michael Joseph v
[1]Indra Hariprashad-Charles
[2]William Charles [SLUHCVAP2018/0033] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Appellant: Horace Fraser (Fraser and Company) Respondents: Dexter Theodore Q.C. (Theodore and Associates) Issue: Case management of appeal – notices of appeal filed by both the appellant and the respondents Result / Order: IT IS HEREBY ORDERED:
1.The notice of appeal filed by the respondents on 25th September 2018 is deemed a counter-notice of appeal pursuant to rules 62.1(2) and 62.8 of the Civil Procedure Rules 2000.
2.The appellant is directed to serve the amended notice of appeal dated 19th October 2018 on the respondents within 14 days of the date of this order.
3.The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the notice of appeal filed by the respondents on 25 th September 2018 was filed after the appellant’s notice of appeal, and that there was no proof of service of the appellant’s amended notice of appeal on the respondents. Case Name: Cuthbert Felix v The Queen [SLUHCVAP2016/0024A] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicant: Donna Jacobie (The Jacobian Company) Issue: Application for extension of time to file and serve a supplemental record of appeal – Application for relief from sanctions Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant is granted an extension of time to file and serve a supplemental record of appeal within 21 days of the date of this order.
2.The appeal shall thereafter proceed in accordance with the Civil Procedure Rules 2000. Reason: The Court was satisfied that the applicant had met the requirements for an extension of time to file and serve a supplemental record of appeal and that there was no requirement for relief from sanctions. Case Name: Anthony Gilbert v The Queen [SLUHCRAP2018/0002] (Saint Lucia) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:
1.The Registrar of the High Court is directed to provide this Court with a copy of the minute of conviction and sentence within 14 days of the date of this order.
2.The applications for extension of time within which to appeal and for leave to appeal are adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that the minute of conviction and sentence was not attached to the applications. Case Name: William DeGrasse v Rory Flett [SKBMCVAP2018/0015] (Saint Christopher and Nevis) Date: Tuesday, 20th November 2018 On paper: Applicant: John Cato (Chancery Associates) Issue: Application for permission to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: The application for permission to appeal out of time is adjourned for further consideration to the next chamber sitting of this Court scheduled for 18th December 2018. Reason: The Court noted the order of Michel JA dated 8th November, that the applicant is to furnish the Court with a copy of the judgment/decision being appealed, and that the time for compliance with the order had not yet expired. Case Name: RBTT Bank Caribbean Limited v
[1]John Nicholson
[2]Garnet Williams [SVGHCVAP2016/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Keisal M. Peters (Elizabeth Law Chambers) Respondent: Ricardo O.F. Williams (Williams and Williams) Issue: Application for a stay of execution of judgment pending the determination of the appeal – Application for an extension of time to file and serve written submissions in support of application for a stay. Result / Order: IT IS HEREBY ORDERED THAT:
1.The appellant’s application for an extension of the time to file and serve its written submissions in support of its application for a stay of execution of the judgment of Lanns, J is dismissed.
2.The appellant’s application for a stay of execution of the judgment of Lanns, J is dismissed.
3.The appellant shall pay the costs of the application for a stay in the amount of $1,000.00. Reason: The Court noted the orders of Thom JA and Michel JA on 31st July and 5th October 2018 directing the applicant to file and serve skeleton arguments in support of its application for a stay of execution. The Court also noted the applicant’s non-compliance with the orders of Thom JA and Michel JA, and was satisfied that there should be no further adjournments of the matter on the account of the applicant’s failures to comply with the Court’s orders and that the applicant had not satisfied the requirements for a stay of execution. Case Name: Shemmica Cain v Keisha Bailey [SVGMCVAP2018/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for extension of time to appeal (by way of letter) Result / Order: IT IS HEREBY ORDERED THAT:
1.The applicant shall file with written reasons for the delay in filing an appeal on or before 5th December 2018 failing which the application for an extension of time to file the notice of appeal shall stand dismissed without further order. The applicant shall serve the notice of application by way of letter dated 4th June 2018 along with written reasons for the delay in filing an appeal on the respondent on or before 5th December 2018. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that the applicant failed to give any explanation as to why the notice of appeal was not filed in time , that the applicant was ordered by Michel JA on 5th October 2018 to file and serve on the respondent written reasons for the delay in filing an appeal, and that the applicant had not complied with the order of Michel JA. Case Name: Michael Phillip Ulman v
[1]Lars G. Abrahamsson
[2]Luna Ltd [SVGHCVAP2018/0010] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Dannielle France (Williams & Williams) Issue: Application to serve notice of appeal and affidavit in support by publication in a local newspaper – Respondents resident outside the jurisdiction Result / Order: IT IS HEREBY ORDERED THAT: The application to serve the notice of appeal together with affidavit in support on the respondent by two consecutive publications in a local newspaper, is refused. Reason: The Court was not satisfied that two consecutive publications in a local newspaper were likely to bring notice of the notice of appeal filed on 11th September 2018 to the attention of the respondents. Case Name: Kamara George v The Queen [SVGHCRAP2018/0024] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court is directed to serve a copy of the application for extension of time to appeal filed on 7th September 2018 and the minute of conviction on the Director of Public Prosecutions and shall furnish proof of service of the application within 14 days of the date of this order. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th De cember 2018. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Raul Boyde v The Queen [SVGHCRAP2018/0034] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court is directed to serve a copy of the application for extension of time to appeal dated 18th September 2018 and the minute of adjudication on the Director of Public Prosecutions and shall furnish proof of service of the application within 14 days of the date of this order. The application for extension of time to appeal is adjourned to the next chamber hearing of this Court scheduled for 18th December 2018. Reason: The Court noted that there was no proof of service of the application on the Director of Public Prosecutions. Case Name: Sylvester Kulina v Naomi Quashie [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: On paper: Applicant: S. Sten Mc N. Sargeant (Williams & Williams) Issue: Application for a stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application shall provide proof of service of the notice of application for a stay of execution of the judgment of Byer J dated 15th June 2018 on the respondent within 14 days of the date of this order. The application is adjourned for further consideration at the next Chamber hearing scheduled for 20th November 2018. Reason: The Court noted that there was no proof of service of the notice of application on the respondent. Case Name: Alvin Burnett v Ronald Stowe [SVGMCVAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicant: Euchrista St. Hilaire Bruce-Lyle Issue: Application for extension of time to file a notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 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. The application is adjourned for further consideration at the next chamber hearing scheduled for 18th December 2018. Reason: The Court noted the order of Baptiste JA dated 23rd October 2018 directing the application to provide proof of service of the notice of application on the respondent and, that the applicant had not complied with the order of Baptiste JA. Case Name: Keith Worren v The Commissioner of Police [SVGMCRAP2018/0036] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issues: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall provide this Court with written reasons for the delay in filing an appeal within 28 days of the date of this order. The Registrar of the High Court shall serve a copy of the notice of application for extension of time dated 4th October 2018 along with written reasons for the delay in filing the appeal on the Director of Public Prosecutions, and shall furnish proof of service within 14 days of the receiving written reasons. The Registrar of the High Court shall provide this Court with a copy of the minute of conviction and sentence within 14 days of the date of this order. The Registrar of the High Court shall cause a copy of this order to be served on the applicant forthwith. The application for extension of time to appeal is adjourned to the chamber hearing of this Court scheduled for 22nd January 2019. Reason: The Court noted that the applicant had failed to include in the notice of application, reasons for his delay in filling the appeal. The Court also noted that there was no proof of service of the application on the Director of Public Prosecutions and that the minute of conviction and sentence was not attached to the application. Case Name: Atiba Jones v The Commissioner of Police [SVGMCRAP2018/0030] (Saint Vincent and the Grenadines) Date: Tuesday, 20th November 2018 On paper: Applicants: In person Issue: Application for an extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for extension of time to appeal is granted. Leave is granted to the applicant to file and serve a notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the application had met the requirements for the grant of an extension of time within which to appeal and for leave to appeal
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| 12914 | 2026-06-21 17:29:38.599912+00 | ok | pymupdf_layout_text | 13 |
| 3574 | 2026-06-21 08:15:45.766768+00 | ok | pymupdf_text | 422 |