Chamber Hearing – February 2018

CHAMBER HEARING February 2018 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Gertel Thom, Justice of Appeal Case Name:

[1]Paragon HoldingS Limited

[2]John Erato v [1] Turtle’s Nest (Condominium) Co. Ltd [2] Bradford Huffman

[3]Wesley Furhman [AXAHCVAP2018/0001] Ms. Tara Carter (Anguilla) Date: Tuesday, 20th February 2018 On paper: Applicants / Intended Appellants: Respondent: Ms. Paulette E. Harrigan 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 dismissed. 2. The application for stay of execution is granted for a period of 14 days from the date of this order to permit the applicant to file a notice of appeal. Reason: The applicants filed notices of application for leave to appeal and to stay execution of the order of Her Ladyship Cheryl Mathurin dated 1st February 2018. The Court noted that the impugned order is an order granting an interim injunction. The Court had regard to section 29(4)(b) of the Eastern Caribbean Supreme Court (Anguilla) Act which provides in effect that leave of the court is not required to appeal an order of the court granting an injunction. Accordingly, the Court dismissed the application for leave to appeal. Case Name: [1] Marily Jeffers Nee Weste v [1] The Personal Representative of the Estate of Wyndham Weste, Deceased [2] Rupert Alexander Joseph AKA Benjamin Joseph [3] Maudlyn Joseph (Also Known as Modlyn B. Joseph) (Now Deceased and Replaced by Rupert Alexander Joseph as Personal Representative of the Estate of Maudlyn Joseph for the Purposes of the Proceedings ONLY) [ANUHCVAP2017/0029] Dr. David Dorsett (Antigua and Barbuda) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal the decision of the learned judge dated 5th December 2017 within 21 days of the date of this order. Reasons: The Court was of the opinion that the applicant had met the threshold for the grant of leave to appeal. Case Name: Joseph Peters v The Queen [ANUHCRAP2018/0001] (Antigua and Barbuda) Date: Tuesday, 20th February 2018 On paper: Applicant: Mr. Lawrence Daniels Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide the Court with a copy of the minute of conviction and sentence of the applicant within 14 days of this Order. 2. The Registrar of the High Court is to serve a copy of the application filed by the applicant on the 9th January 2018 and the minute of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order. 3. The Registrar of the High Court is to furnish proof of service of the application and the minute of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order. 4. The application is adjourned to the next chamber hearing scheduled for 27th March, 2018. Reason: The Court noted that there was no evidence of service of the application on the Director of Public Prosecutions. The Court further noted that the minute of conviction and sentence was not attached to the application. Case Name: [1] NSA Medical Surgical Rehab Centre Ltd (T/A NSA Medical Centre) [2] Patrick Matthews v [1] Peter Quinn (As Next Friend for Giovanni Quinn) [ANUHCVAP2017/0020] Ms. Gail S. Pero-Weston (Antigua and Barbuda) Date: Tuesday, 20th February 2018 On paper: Appellant: Dr. David Dorsett Respondent / Applicant: Issue: Application for leave to file and serve notice of opposition and written submissions Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave to file and serve a notice of opposition is granted to the applicant. 2. The applicant is granted 7 days leave within which to file and serve its notice of opposition. 3. The appeal shall thereafter proceed in accordance with CPR 2000. 4. There is no order as to costs. Reason: The Court was satisfied that the applicant had met the requisite threshold for the grant of an extension of time. Further, there was no objection to the application. Case Name: Courtney Burton v Erica O’Garro [ANUMCVAP2017] (Antigua and Barbuda) Date: Tuesday, 20th February 2018 On paper: Appellant: Ms. Kathleen Bennett Issues: Application for extension of time to file notice of appeal – Application for notice of appeal to be deemed properly filed – Application for leave to serve the notice of appeal on the respondent and magistrate Result / Order: IT IS HEREBY ORDERED THAT: 1. Service of the application for extension of time and supporting documents on the respondent is hereby waived in accordance with Rule 6.8(1) of CPR 2000. 2. The application for extension of time within which to file a notice of appeal is granted. 3. The notice of appeal filed on 9th November 2017 is deemed duly filed. 4. The applicant shall serve the notice of appeal within 28 days of this order. Reason: The Court was satisfied that this was an appropriate case for it to waive service of the notice of application for extension of time and supporting documents in accordance with rule 6.8(1) of the Civil Procedure Rules 2000. Case Name: Kendy O’Brien v The Police [DOMMCRAP2017/0022] In person (Commonwealth of Dominica) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide the Court with a copy of the certificate of conviction and sentence of the applicant within 14 days of this Order. 2. The Registrar of the High Court is to serve a copy of the application filed by the applicant on the 30th November 2017 and the certificate of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order. 3. The Registrar of the High Court is to furnish proof of service of the certificate of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order. 4. The application is adjourned to the next chamber hearing scheduled for 27th March, 2018. Reason: The Court noted that there was no evidence of service of the application on the Director of Public Prosecutions. The Court further noted that the certificate of conviction and sentence was not attached to the application. Case Name: Earl Junior Emanuel v The Police [DOMMCRAP2017/0024] (Commonwealth of Dominica) In person Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide the Court with a copy of the certificate of conviction and sentence of the applicant within 14 days of this Order. 2. The Registrar of the High Court is to serve a copy of the application filed by the applicant on the 7th December 2017 and the certificate of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order. 3. The Registrar of the High Court is to furnish proof of service of the certificate of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order. 4. The application is adjourned to the next chamber hearing scheduled for 27th March, 2018. Reason: The Court noted that there was no evidence of service of the application on the Director of Public Prosecutions. The Court further noted that the certificate of conviction and sentence was not attached to the application. Case Name: Patricia Bedminister v Mariannia Cuffy [DOMHCVAP2017/0008] (Commonwealth of Dominica) Date: Tuesday, 20th February 2018 On paper: Appellant: Cara Shillingford Chambers Respondent: Caribbean Commercial & IP Law Practitioners Issues: Application to strike out notice of appeal – Application for extension of time to file notice of opposition Result / Order: IT IS HEREBY ORDERED THAT: 1. The application to strike out the notice of appeal is dismissed. 2. Leave to file and serve a notice of opposition is granted to the applicant. 3. The applicant is granted 7 days leave within which to file and serve its notice of opposition. 4. The interlocutory appeal shall be heard by way of oral hearing at the sitting of the Court in Dominica during the week commencing Monday 19th March, 2018. Reason: The Court noted the order of Pereira CJ dated 19th December 2017 ordering the interlocutory appeal be heard by way of oral hearing at the sitting of the Court in Dominica during the week commencing Monday, 19th March 2018. Case Name: Marcus Matthew v The State [DOMHCRAP2017/0004] (Commonwealth of Dominica) Date: Tuesday, 20th February 2018 On paper: Applicant / Ms. Zena Dyer Intended Appellant: Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal against conviction and sentence. 2. The applicant shall file his notice of appeal within 14 days of this order. Case Name: Kevin Morris v The Queen [GDAHCRAP2016/0023] Mr. Peter David (Grenada) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The leave to appeal is granted. 2. The applicant is granted an extension of time within which to file his notice of appeal. 3. The applicant shall file notice of appeal within 14 days from the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Osafi Bobb v The Queen [GDAHCRAP2017/0027] Mr. Peter David (Grenada) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal. 2. The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Mahendranaught Dass v The Queen [GDAHCRAP2017/0024] (Grenada) Date: Tuesday, 20th February 2018 Mr. Peter David On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal. 2. The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Finbar Derick Purcell v The Queen [GDAHCRAP2017/0026] In person (Grenada) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal. 2. The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Colin Hooper v The Queen [GDAHCRAP2014/0025] Mr. Peter David (Grenada) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal. 2. The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Edward Joseph v The Queen [GDAHCRAP2017/0023] Date: Tuesday, 20th February 2018 Mrs. Sherrine Francis Hackett On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave to appeal is granted. 2. The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Javid Glasgow v The Queen [GDAHCRAP2017/0021] Mr. George Prime (Grenada) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave to appeal is granted. 2. The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Handel Stafford v The Queen [GDAHCRAP2017/0022] Mr. Darshan Ramdhani (Grenada) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave to appeal is granted. 2. The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Christopher Mitchell v The Queen [GDAHCRAP2018/0001] (Grenada) Mr. George Prime Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave to appeal is granted. 2. The applicant shall file notice of appeal within 14 days of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Kennedy Jawahir v The Queen [GDAHCRAP2018/0004] Mr. Dashan Ramndhani (Grenada) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave to appeal is granted. 2. Applicant shall file his appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Julian Wade v Her Excellency The Governor [MNIHCVAP2017/0008] Mr. David Brandt (Grenada) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal the decision of the learned Master Fidela Corbin-Lincoln dated 14th December 2017 within 21 days of this date Order. Reasons: The Court was of the opinion that the applicant had met the threshold for the grant of leave to appeal. Case Name: James Weekes v Terrance Wade the sole Executor of the late Anthony Tuitt Mr. David Brandt [MNIHCVAP2017/0007] Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Applicant: Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave to appeal is granted. 2. The applicant shall file a notice of appeal within 21 days of the date of this order. 3. The appeal shall thereafter proceed in accordance with CPR 2000. Reason: The Court was satisfied that the decision of Justice Morley, in part relates to an order of possession pending trial for which leave to appeal is necessary and was further satisfied that the applicant had met the threshold for a grant for leave to appeal. Case Name: The Attorney General of St. Christopher and Nevis v Tamarind Cove Marina Development Limited Ms. Simone Bullen Thompson [SKBHCVAP2017/0020] (Saint Christopher and Nevis) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for an extension of time to file appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time within which to appeal the decision of Williams J is granted to the applicant. 2. The applicant is granted 14 days from the date of this order within which to file and serve its notice of appeal. 3. The appeal shall thereafter proceed in accordance with CPR 2000. 4. Costs of the application to be costs in the appeal. Reason: The Court was satisfied that the applicant had met the threshold for extension of time within which to appeal. Case Name: Ulrica Stevens v Althea Norman Daniel Brantley & Associates [SKBMCVAP2012/0007] (Saint Christopher and Nevis) Date: Tuesday, 20th February 2018 On paper: Appellant: Ms. Joanne C. Flemming Respondent / Applicant: Issue: Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondent shall provide proof of service of the submissions on the appellant filed on 16th February 2018 within 14 days of this order. 2. Hearing of the applications is adjourned to the next chamber sitting on 27th March 2018. Reason: The Court noted that there was no proof of service of the submissions filed by the respondent on 16th February 2018. The Court noted further that the time for filing a response to said submissions have not been satisfied. Case Name: Elvis Butler v Paula Connor In person [SKBMCVAP2017/0009] (Saint Christopher and Nevis) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for permission to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted 14 days within which to file a copy of the order being appealed. 2. The application is adjourned for further consideration at the next chamber hearing which is scheduled for the 27th March 2018. Reason: The Court noted that the applicant did not file a copy of the order being appealed as previously directed by the Court. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002] Theodore and Associates (Saint Lucia) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issues: Application for extension of time to file notice of appeal – Application for relief from sanctions – Application for leave to appeal – Application for a stay of execution of order of Belle J Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time within which to file a notice of appeal against the decision of Belle J dated 13th June 2016. 2. The applicant shall file notice of appeal within 21 days of the date of this order. 3. The applicant is granted leave to appeal the decision of Smith J dated 2nd February 2018. 4. The applicant shall file notice of appeal within 21 days of this order. 5. The applicant shall provide proof of service of the application for stay of execution of the order of Belle J dated 13th June 2016 within 14 days of the date of this order. 6. Hearing of the application for stay of execution of the decision of Belle J is adjourned to the next chamber sitting on 27th March 2018. Reason: The Court was of the opinion that the applicant had met the threshold for an extension of time within which to file the notice of appeal against the decision of Belle J. The Court was also satisfied that the applicant had met the threshold for leave to appeal the decision of Smith J. The Court noted that there was no evidence of service of the application for a stay of the execution of the order of Belle J. Case Name: [1] Cynthia Paul v [1] The New India Assurance Co. (Trinidad & Tobago) Ltd. [2] S&A Insurance Brokers Ltd. [SLUHCVAP2015/0007] (Saint Lucia) Date: Tuesday, 20th February 2018 On paper: Appellant: Ms. Wauneen Louis-Harris Issues: Application for extension of time to file record of appeal – Application for permission to dispense with requirement to file hard copies of record – Application to allow record of appeal to be filed by electronic filing Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time to file record of appeal is granted. 2. The application to dispense with the provisions of Rule 62.12 CPR is refused. 3. The applicant shall hereafter prosecute the appeal in accordance with CPR Part 62. Case Name: [1] Leona King [2] Christopher Elibox [3] Petrona Naitram

[4]Rosaline Narcisse v [1] Reginald Elibox represented by his Executor Rebecca Elibox [2] Rebecca Elibox [SLUHCVAP2016/0003] (Saint Lucia) Date: Tuesday, 20th February 2018 On paper: Applicant: Fraser and Company Respondent: Ms. Selma Finistere Issue: Application to strike out appeal Result / Order: IT IS HEREBY ORDEDRED THAT: The application of the respondents filed on 8th December 2017 is hereby set down for hearing before the full court at the Court of Appeal sitting in Saint Lucia during the week commencing 14th May 2018. Case Name: Vernantius Popo v St. Lucia Seamen Waterfront and General Workers Union [SLUHCVAP2017/0028] (Saint Lucia) Date: Tuesday, 20th February 2018 On paper: Appellant: Mr. Gerard Williams Respondent: Ms. Lydia Faisal Issue: Application for extension of time to file and serve submissions in support of opposition to the appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant/respondent shall provide proof of service of the application and supporting documents on the appellant within 14 days of this order. 2. Hearing of the application is adjourned to the next chamber hearing scheduled on 27th March 2018. Reason: The Court noted that there was no evidence of service of the application on the appellant. Case Name: [1] Benjamin Drakes [2] Gerald Francis (trading as Turnkey Engineering Contractors) v [1] Plantation Beach St. Lucia Ltd [SLUHCVAP2015/0017] (Saint Lucia) Date: Tuesday, 20th February 2018 On paper: Applicant: Mr. Benjamin Drakes Respondent: Deterville, Thomas and Co. Issues: Application for extension of time to file record of appeal – Application for relief from sanctions and further directions Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant/appellant is granted an extension of time to file the record of appeal within 14 days of this order. 2. The appellant shall file and serve skeleton arguments on the Respondent within 28 days of this order. 3. The respondent shall file and serve skeleton arguments in reply within 28 on receipt of the appellant’s skeleton arguments. 4. The appellant shall be at liberty to file and serve skeleton arguments in reply within 14 days if necessary after the date of service of the respondent’s skeleton arguments. Reason: The Court was of the view that the applicant had met the threshold for a grant of extension of time. Case Name: Hilary Samiel v Rishiram Singh [SLUMCRAP2018/0001 (Saint Lucia) Date: Tuesday, 20th February 2018 On paper: Applicant: Michel and Company Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to appeal is granted. 2. The applicant is granted 14 days within which to file and serve his notice of appeal. 3. The appeal shall thereafter proceed in accordance with the CPR 2000. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name: [1] Theresa Plummer v [1] Dennis Mangal [2] Irmina Lena Edwin [3] Tarcisus Robinson Stanislaus [4] Virginia Everiste

[5]Anthony Felicien [SLUHCVAP2017/0015] Ms. Wauneen Louis-Harris (Saint Lucia) Date: Tuesday, 20th February 2018 On paper: Appellant / Applicant: Respondent: Ms. Diana Thomas for the first, second and third named respondents Alvin St. Clair & Associates for the fourth named respondent Issue: Application for extension of time to file submissions Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to serve written submissions in support of the Interlocutory appeal is granted. 2. The applicant is granted 14 days within which and serve its written submissions on the respondents. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name: [1] Ruth Dubois [2] Elvis Naitram [3] John Alexander v [1] Francis Maurice [SLUHCVAP2013/0007] (Saint Lucia) Date: Tuesday, 20th February 2018 On paper: Appellant: Ms. Wauneen Louis-Harris Respondent: Ms. Esther Greene-Ernest Issue: Application for extension of time to file record of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time within which to file the record of appeal. 2. The applicant is granted 14 days within which to file the record of appeal. 3. The appeal shall proceed in accordance with CPR 2000. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name: Peter Dasouza v The Commissioner of Police In person [SVGMCRAP2018/0008] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for extension of time to appeal sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time is granted. 2. The applicant shall file the notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name: Ronald Danzel v The Queen In person [SVGHCRAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for extension of time to appeal sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time is granted. 2. The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name: Angus Dennie v St. Vincent and the Grenadines Small Business and Microfinance Co-operative Ltd. [SVGHCVAP2017/0013] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant: Robertson & Robertson Respondent: Regency Law Co. Ltd. Issue: Application for stay of execution of judgment of Henry J Result / Order: IT IS HEREBY ORDERED THAT: 1. The appeal being a nullity is hereby struck out. 2. The applicant is granted a stay of execution and a stay of proceedings of SVGHCV2014/0147 for a period of 14 days from the date of this order to permit the applicant to seek an extension of time within which to file leave to appeal the judgment of Henry J. 3. The appellant shall pay the respondent cost in the sum of $750.00. Reason: The Court was satisfied that the order of Henry J is an interlocutory order. The Court applied the application test and found that no leave having been obtained prior to the filing of the notice of appeal, the appeal was a nullity. Case Name: Jevonne Samuel v The Queen In person [SVGHCRAP2017/0016] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave to appeal is granted. 2. Applicant shall file notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Anthony Edwards v The Queen [SVGHCRAP2018/0001] (Saint Vincent and the Grenadines) In person Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Mr. Colin Williams, Director of Public Prosecutions Respondent / Applicant: Issues: Application for leave to appeal against conviction – Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant, Anthony Edwards, is granted leave to appeal his conviction. 2. The applicant, Anthony Edwards, shall file his notice of appeal within 21 days of the date of this order. 3. Director of Public Prosecution is granted leave to file a notice of appeal against the sentence imposed on the applicant Anthony Edwards. 4. Director of Public Prosecutions shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that both applicants had met the threshold for the grant of leave to appeal. Case Name: Danley Matthews v The Queen [SVGHCRAP2018/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: In person Applicant / Intended Appellant: Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal. 2. The applicant to file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Collin Williams v The Commissioner of Police In person [SVGMCRAP2018/0001] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a notice of appeal within 14 days of the date of this order. Reason: The Court was of the opinion that the applicant had met the threshold for the grant of an extension of time. Case Name: Recardo Bacchus v The Commissioner of Police In person [SVGMCRAP2018/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a notice of appeal within 14 days of the date of this Order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time within which to file a notice of appeal. Case Name: Brian Samuel v The Commissioner of Police [SVGMCRAP2018/0003] (Saint Vincent and the Grenadines) In person Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time within which to file a notice of appeal. Case Name: Grafton McMillian v The Commissioner of Police In person [SVGMCRAP2018/0006] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time within which to file a notice of appeal. Case Name: Noel Lewis v The Commissioner of Police In person [SVGMCRAP2018/0004] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant / Intended Appellant: Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. Applicant is granted an extension of time and leave to appeal to file notice of appeal. 2. Applicant is granted 14 days from the date of this order to file the notice of appeal. Reason: The Court was satisfied that the applicant had met the threshold for the grant of an extension of time. Case Name: Antow Holdings Limited Appellant [1] Best Nation Investments Limited [2] East Crown Group Limited Respondents/Claimants v [1] Qiu Jiajun [2] Zhu Yaqing [3] Lin Hui [4] Gong Yuda First-Fourth Defendants [BVIHCMAP2017/0010] (Territory of the Virgin Islands) Date: Tuesday, 20th February 2018 On paper: Appellant: Appleby Respondent: Forbes Hare Issue: Application for adjournment of hearing of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an adjournment of the appeal. 2. The hearing of the appeal is adjourned to Tuesday 20th March 2018 during the siting of the Court of Appeal in the State of Saint Lucia. 3. There is no order as to costs. Reason: The Court was mindful of all the facts and had regard to rule 1.1(1) of the Civil Procedure Rules 2000, in that the overriding objective is to deal with cases justly. The Court being mindful of its powers to adjourn appeals decided to adjourn this appeal. Before: The Hon. Mde. Louise Esther Blenman, Justice of Appeal Case Name: Augustine J.C. Miguel v [1] Natalie Miguel Nee Sardine [2] Jason Sardine [3] Noel Sardine [4] Magdaline Sardine Lyndon George Chambers [SVGHCVAP2015/0012] (Saint Vincent and the Grenadines) Date: Tuesday, 20th February 2018 On paper: Applicant / Appellant: Respondent: Mr. Duane Daniel Issue: Application for service out of jurisdiction Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to serve the first named respondent Natalie Miguel Nee Sardine out of jurisdiction at 37 Main Road, Apartment 805, Bethlehem, Pennsylvania 18018, USA. 2. Leave is granted to serve the second named respondent Jason Sardine out of jurisdiction at 170- 30-130 Avenue, Jamaica, Queens Apartment 3d 11434. 3. Leave is granted to serve the third named respondent Noel Sardine out of jurisdiction at 2087 Hopewell Road, Bethlehem, Pennsylvania 18017, USA. Reason: The Court was of the view that the applicant had met the threshold for service out of jurisdiction.

CHAMBER HEARING February 2018 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Gertel Thom, Justice of Appeal Case Name:

[1]Paragon HoldingS Limited

[2]John Erato v

[3]Wesley Furhman [AXAHCVAP2018/0001] (Anguilla) Date: Tuesday, 20 th February 2018 On paper: Applicants / Intended Appellants: Ms. Tara Carter Respondent: Ms. Paulette E. Harrigan Issues: Application for leave to appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT:

[4]Rosaline Narcisse v

[5]Anthony Felicien [SLUHCVAP2017/0015] (Saint Lucia) Date: Tuesday, 20 th February 2018 On paper: Appellant / Applicant: Ms. Wauneen Louis-Harris Respondent: Ms. Diana Thomas for the first, second and third named respondents Alvin St. Clair & Associates for the fourth named respondent Issue: Application for extension of time to file submissions Result / Order: IT IS HEREBY ORDERED THAT:

[1]Turtle’s Nest (Condominium) Co. Ltd

[2]Bradford Huffman

1.The application for leave to appeal is dismissed.

2.The application for stay of execution is granted for a period of 14 days from the date of this order to permit the applicant to file a notice of appeal. Reason: The applicants filed notices of application for leave to appeal and to stay execution of the order of Her Ladyship Cheryl Mathurin dated 1 st February 2018. The Court noted that the impugned order is an order granting an interim injunction. The Court had regard to section 29(4)(b) of the Eastern Caribbean Supreme Court (Anguilla) Act which provides in effect that leave of the court is not required to appeal an order of the court granting an injunction. Accordingly, the Court dismissed the application for leave to appeal. Case Name:

[1]Marily Jeffers Nee Weste v

[1]The Personal Representative of the Estate of Wyndham Weste, Deceased

[2]Rupert Alexander Joseph AKA Benjamin Joseph

[3]Maudlyn Joseph (Also Known as Modlyn B. Joseph) (Now Deceased and Replaced by Rupert Alexander Joseph as Personal Representative of the Estate of Maudlyn Joseph for the Purposes of the Proceedings ONLY) [ANUHCVAP2017/0029] (Antigua and Barbuda) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Dr. David Dorsett Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal the decision of the learned judge dated 5 th December 2017 within 21 days of the date of this order. Reasons: The Court was of the opinion that the applicant had met the threshold for the grant of leave to appeal. Case Name: Joseph Peters v The Queen [ANUHCRAP2018/0001] (Antigua and Barbuda) Date: Tuesday, 20 th February 2018 On paper: Applicant: Mr. Lawrence Daniels Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall provide the Court with a copy of the minute of conviction and sentence of the applicant within 14 days of this Order.

2.The Registrar of the High Court is to serve a copy of the application filed by the applicant on the 9 th January 2018 and the minute of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order.

3.The Registrar of the High Court is to furnish proof of service of the application and the minute of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order.

4.The application is adjourned to the next chamber hearing scheduled for 27 th March, 2018. Reason: The Court noted that there was no evidence of service of the application on the Director of Public Prosecutions. The Court further noted that the minute of conviction and sentence was not attached to the application. Case Name:

[1]NSA Medical Surgical Rehab Centre Ltd (T/A NSA Medical Centre)

[2]Patrick Matthews v

[1]Peter Quinn (As Next Friend for Giovanni Quinn) [ANUHCVAP2017/0020] (Antigua and Barbuda) Date: Tuesday, 20 th February 2018 On paper: Appellant: Dr. David Dorsett Respondent / Applicant: Ms. Gail S. Pero-Weston Issue: Application for leave to file and serve notice of opposition and written submissions Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave to file and serve a notice of opposition is granted to the applicant.

2.The applicant is granted 7 days leave within which to file and serve its notice of opposition.

3.The appeal shall thereafter proceed in accordance with CPR 2000.

4.There is no order as to costs. Reason: The Court was satisfied that the applicant had met the requisite threshold for the grant of an extension of time. Further, there was no objection to the application. Case Name: Courtney Burton v Erica O’Garro [ANUMCVAP2017] (Antigua and Barbuda) Date: Tuesday, 20 th February 2018 On paper: Appellant: Ms. Kathleen Bennett Issues: Application for extension of time to file notice of appeal – Application for notice of appeal to be deemed properly filed – Application for leave to serve the notice of appeal on the respondent and magistrate Result / Order: IT IS HEREBY ORDERED THAT:

1.Service of the application for extension of time and supporting documents on the respondent is hereby waived in accordance with Rule 6.8(1) of CPR 2000.

2.The application for extension of time within which to file a notice of appeal is granted.

3.The notice of appeal filed on 9 th November 2017 is deemed duly filed.

4.The applicant shall serve the notice of appeal within 28 days of this order. Reason: The Court was satisfied that this was an appropriate case for it to waive service of the notice of application for extension of time and supporting documents in accordance with rule 6.8(1) of the Civil Procedure Rules 2000. Case Name: Kendy O’Brien v The Police [DOMMCRAP2017/0022] (Commonwealth of Dominica) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall provide the Court with a copy of the certificate of conviction and sentence of the applicant within 14 days of this Order.

2.The Registrar of the High Court is to serve a copy of the application filed by the applicant on the 30 th November 2017 and the certificate of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order.

3.The Registrar of the High Court is to furnish proof of service of the certificate of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order.

4.The application is adjourned to the next chamber hearing scheduled for 27 th March, 2018. Reason: The Court noted that there was no evidence of service of the application on the Director of Public Prosecutions. The Court further noted that the certificate of conviction and sentence was not attached to the application. Case Name: Earl Junior Emanuel v The Police [DOMMCRAP2017/0024] (Commonwealth of Dominica) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The Registrar of the High Court shall provide the Court with a copy of the certificate of conviction and sentence of the applicant within 14 days of this Order.

2.The Registrar of the High Court is to serve a copy of the application filed by the applicant on the 7 th December 2017 and the certificate of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order.

3.The Registrar of the High Court is to furnish proof of service of the certificate of conviction and sentence on the Director of Public Prosecutions within 14 days of this Order.

4.The application is adjourned to the next chamber hearing scheduled for 27 th March, 2018. Reason: The Court noted that there was no evidence of service of the application on the Director of Public Prosecutions. The Court further noted that the certificate of conviction and sentence was not attached to the application. Case Name: Patricia Bedminister v Mariannia Cuffy [DOMHCVAP2017/0008] (Commonwealth of Dominica) Date: Tuesday, 20 th February 2018 On paper: Appellant: Cara Shillingford Chambers Respondent: Caribbean Commercial & IP Law Practitioners Issues: Application to strike out notice of appeal – Application for extension of time to file notice of opposition Result / Order: IT IS HEREBY ORDERED THAT:

1.The application to strike out the notice of appeal is dismissed.

2.Leave to file and serve a notice of opposition is granted to the applicant.

3.The applicant is granted 7 days leave within which to file and serve its notice of opposition.

4.The interlocutory appeal shall be heard by way of oral hearing at the sitting of the Court in Dominica during the week commencing Monday 19 th March, 2018. Reason: The Court noted the order of Pereira CJ dated 19 th December 2017 ordering the interlocutory appeal be heard by way of oral hearing at the sitting of the Court in Dominica during the week commencing Monday, 19 th March 2018. Case Name: Marcus Matthew v The State [DOMHCRAP2017/0004] (Commonwealth of Dominica) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Ms. Zena Dyer Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal against conviction and sentence.

2.The applicant shall file his notice of appeal within 14 days of this order. Case Name: Kevin Morris v The Queen [GDAHCRAP2016/0023] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. Peter David Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The leave to appeal is granted.

2.The applicant is granted an extension of time within which to file his notice of appeal.

3.The applicant shall file notice of appeal within 14 days from the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Osafi Bobb v The Queen [GDAHCRAP2017/0027] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. Peter David Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal.

2.The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Mahendranaught Dass v The Queen [GDAHCRAP2017/0024] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. Peter David Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal.

2.The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Finbar Derick Purcell v The Queen [GDAHCRAP2017/0026] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal.

2.The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Colin Hooper v The Queen [GDAHCRAP2014/0025] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. Peter David Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal.

2.The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Edward Joseph v The Queen [GDAHCRAP2017/0023] Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mrs. Sherrine Francis Hackett Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave to appeal is granted.

2.The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Javid Glasgow v The Queen [GDAHCRAP2017/0021] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. George Prime Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave to appeal is granted.

2.The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Handel Stafford v The Queen [GDAHCRAP2017/0022] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. Darshan Ramdhani Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave to appeal is granted.

2.The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Christopher Mitchell v The Queen [GDAHCRAP2018/0001] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. George Prime Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave to appeal is granted.

2.The applicant shall file notice of appeal within 14 days of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Kennedy Jawahir v The Queen [GDAHCRAP2018/0004] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. Dashan Ramndhani Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave to appeal is granted.

2.Applicant shall file his appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Julian Wade v Her Excellency The Governor [MNIHCVAP2017/0008] (Grenada) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Mr. David Brandt Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal the decision of the learned Master Fidela Corbin-Lincoln dated 14 th December 2017 within 21 days of this date Order. Reasons: The Court was of the opinion that the applicant had met the threshold for the grant of leave to appeal. Case Name: James Weekes v Terrance Wade the sole Executor of the late Anthony Tuitt [MNIHCVAP2017/0007] Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Applicant: Mr. David Brandt Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave to appeal is granted.

2.The applicant shall file a notice of appeal within 21 days of the date of this order.

3.The appeal shall thereafter proceed in accordance with CPR 2000. Reason: The Court was satisfied that the decision of Justice Morley, in part relates to an order of possession pending trial for which leave to appeal is necessary and was further satisfied that the applicant had met the threshold for a grant for leave to appeal. Case Name: The Attorney General of St. Christopher and Nevis v Tamarind Cove Marina Development Limited [SKBHCVAP2017/0020] (Saint Christopher and Nevis) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Ms. Simone Bullen Thompson Issue: Application for an extension of time to file appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for extension of time within which to appeal the decision of Williams J is granted to the applicant.

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

3.The appeal shall thereafter proceed in accordance with CPR 2000.

4.Costs of the application to be costs in the appeal. Reason: The Court was satisfied that the applicant had met the threshold for extension of time within which to appeal. Case Name: Ulrica Stevens v Althea Norman [SKBMCVAP2012/0007] (Saint Christopher and Nevis) Date: Tuesday, 20 th February 2018 On paper: Appellant: Ms. Joanne C. Flemming Respondent / Applicant: Daniel Brantley & Associates Issue: Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The respondent shall provide proof of service of the submissions on the appellant filed on 16 th February 2018 within 14 days of this order.

2.Hearing of the applications is adjourned to the next chamber sitting on 27 th March 2018. Reason: The Court noted that there was no proof of service of the submissions filed by the respondent on 16 th February 2018. The Court noted further that the time for filing a response to said submissions have not been satisfied. Case Name: Elvis Butler v Paula Connor [SKBMCVAP2017/0009] (Saint Christopher and Nevis) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for permission to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted 14 days within which to file a copy of the order being appealed.

2.The application is adjourned for further consideration at the next chamber hearing which is scheduled for the 27 th March 2018. Reason: The Court noted that the applicant did not file a copy of the order being appealed as previously directed by the Court. Case Name: Mathilda Nelson v Alexis Alcide [SLUHCVAP2018/0002] (Saint Lucia) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: Theodore and Associates Issues: Application for extension of time to file notice of appeal – Application for relief from sanctions – Application for leave to appeal – Application for a stay of execution of order of Belle J Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time within which to file a notice of appeal against the decision of Belle J dated 13 th June 2016.

2.The applicant shall file notice of appeal within 21 days of the date of this order.

3.The applicant is granted leave to appeal the decision of Smith J dated 2 nd February 2018.

4.The applicant shall file notice of appeal within 21 days of this order.

5.The applicant shall provide proof of service of the application for stay of execution of the order of Belle J dated 13 th June 2016 within 14 days of the date of this order.

6.Hearing of the application for stay of execution of the decision of Belle J is adjourned to the next chamber sitting on 27 th March 2018. Reason: The Court was of the opinion that the applicant had met the threshold for an extension of time within which to file the notice of appeal against the decision of Belle J. The Court was also satisfied that the applicant had met the threshold for leave to appeal the decision of Smith J. The Court noted that there was no evidence of service of the application for a stay of the execution of the order of Belle J. Case Name:

[1]Cynthia Paul v

[1]The New India Assurance Co. (Trinidad & Tobago) Ltd.

[2]S&A Insurance Brokers Ltd. [SLUHCVAP2015/0007] (Saint Lucia) Date: Tuesday, 20 th February 2018 On paper: Appellant: Ms. Wauneen Louis-Harris Issues: Application for extension of time to file record of appeal – Application for permission to dispense with requirement to file hard copies of record – Application to allow record of appeal to be filed by electronic filing Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for extension of time to file record of appeal is granted.

2.The application to dispense with the provisions of Rule 62.12 CPR is refused.

3.The applicant shall hereafter prosecute the appeal in accordance with CPR Part 62. Case Name:

[1]Leona King

[2]Christopher Elibox

[3]Petrona Naitram

[1]Reginald Elibox represented by his Executor Rebecca Elibox

[2]Rebecca Elibox [SLUHCVAP2016/0003] (Saint Lucia) Date: Tuesday, 20 th February 2018 On paper: Applicant: Fraser and Company Respondent: Ms. Selma Finistere Issue: Application to strike out appeal Result / Order: IT IS HEREBY ORDEDRED THAT: The application of the respondents filed on 8 th December 2017 is hereby set down for hearing before the full court at the Court of Appeal sitting in Saint Lucia during the week commencing 14 th May 2018. Case Name: Vernantius Popo v St. Lucia Seamen Waterfront and General Workers Union [SLUHCVAP2017/0028] (Saint Lucia) Date: Tuesday, 20 th February 2018 On paper: Appellant: Mr. Gerard Williams Respondent: Ms. Lydia Faisal Issue: Application for extension of time to file and serve submissions in support of opposition to the appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant/respondent shall provide proof of service of the application and supporting documents on the appellant within 14 days of this order.

2.Hearing of the application is adjourned to the next chamber hearing scheduled on 27 th March 2018. Reason: The Court noted that there was no evidence of service of the application on the appellant. Case Name:

[1]Benjamin Drakes

[2]Gerald Francis (trading as Turnkey Engineering Contractors) v

[1]Plantation Beach St. Lucia Ltd [SLUHCVAP2015/0017] (Saint Lucia) Date: Tuesday, 20 th February 2018 On paper: Applicant: Mr. Benjamin Drakes Respondent: Deterville, Thomas and Co. Issues: Application for extension of time to file record of appeal – Application for relief from sanctions and further directions Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant/appellant is granted an extension of time to file the record of appeal within 14 days of this order.

2.The appellant shall file and serve skeleton arguments on the Respondent within 28 days of this order.

3.The respondent shall file and serve skeleton arguments in reply within 28 on receipt of the appellant’s skeleton arguments.

4.The appellant shall be at liberty to file and serve skeleton arguments in reply within 14 days if necessary after the date of service of the respondent’s skeleton arguments. Reason: The Court was of the view that the applicant had met the threshold for a grant of extension of time. Case Name: Hilary Samiel v Rishiram Singh [SLUMCRAP2018/0001 (Saint Lucia) Date: Tuesday, 20 th February 2018 On paper: Applicant: Michel and Company Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

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

2.The applicant is granted 14 days within which to file and serve his notice of appeal.

3.The appeal shall thereafter proceed in accordance with the CPR 2000. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name:

[1]Theresa Plummer v

[1]Dennis Mangal

[2]Irmina Lena Edwin

[3]Tarcisus Robinson Stanislaus

[4]Virginia Everiste

1.The application for an extension of time within which to serve written submissions in support of the Interlocutory appeal is granted.

2.The applicant is granted 14 days within which and serve its written submissions on the respondents. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name:

[1]Ruth Dubois

[2]Elvis Naitram

[3]John Alexander v

[1]Francis Maurice [SLUHCVAP2013/0007] (Saint Lucia) Date: Tuesday, 20 th February 2018 On paper: Appellant: Ms. Wauneen Louis-Harris Respondent: Ms. Esther Greene-Ernest Issue: Application for extension of time to file record of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time within which to file the record of appeal.

2.The applicant is granted 14 days within which to file the record of appeal.

3.The appeal shall proceed in accordance with CPR 2000. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name: Peter Dasouza v The Commissioner of Police [SVGMCRAP2018/0008] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for extension of time to appeal sentence Result / Order: IT IS HEREBY ORDERED THAT:

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

2.The applicant shall file the notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name: Ronald Danzel v The Queen [SVGHCRAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for extension of time to appeal sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for extension of time is granted.

2.The applicant shall file his notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time. Case Name: Angus Dennie v St. Vincent and the Grenadines Small Business and Microfinance Co-operative Ltd. [SVGHCVAP2017/0013] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant: Robertson & Robertson Respondent: Regency Law Co. Ltd. Issue: Application for stay of execution of judgment of Henry J Result / Order: IT IS HEREBY ORDERED THAT:

1.The appeal being a nullity is hereby struck out.

2.The applicant is granted a stay of execution and a stay of proceedings of SVGHCV2014/0147 for a period of 14 days from the date of this order to permit the applicant to seek an extension of time within which to file leave to appeal the judgment of Henry J.

3.The appellant shall pay the respondent cost in the sum of $750.00. Reason: The Court was satisfied that the order of Henry J is an interlocutory order. The Court applied the application test and found that no leave having been obtained prior to the filing of the notice of appeal, the appeal was a nullity. Case Name: Jevonne Samuel v The Queen [SVGHCRAP2017/0016] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave to appeal is granted.

2.Applicant shall file notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Anthony Edwards v The Queen [SVGHCRAP2018/0001] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Respondent / Applicant: Mr. Colin Williams, Director of Public Prosecutions Issues: Application for leave to appeal against conviction – Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant, Anthony Edwards, is granted leave to appeal his conviction.

2.The applicant, Anthony Edwards, shall file his notice of appeal within 21 days of the date of this order.

3.Director of Public Prosecution is granted leave to file a notice of appeal against the sentence imposed on the applicant Anthony Edwards.

4.Director of Public Prosecutions shall file the notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that both applicants had met the threshold for the grant of leave to appeal. Case Name: Danley Matthews v The Queen [SVGHCRAP2018/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal.

2.The applicant to file his notice of appeal within 14 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold for the grant of leave to appeal. Case Name: Collin Williams v The Commissioner of Police [SVGMCRAP2018/0001] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a notice of appeal within 14 days of the date of this order. Reason: The Court was of the opinion that the applicant had met the threshold for the grant of an extension of time. Case Name: Recardo Bacchus v The Commissioner of Police [SVGMCRAP2018/0005] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a notice of appeal within 14 days of the date of this Order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time within which to file a notice of appeal. Case Name: Brian Samuel v The Commissioner of Police [SVGMCRAP2018/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time within which to file a notice of appeal. Case Name: Grafton McMillian v The Commissioner of Police [SVGMCRAP2018/0006] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted an extension of time to file a notice of appeal within 14 days of the date of this order. Reason: The Court was of the view that the applicant had met the threshold for the grant of an extension of time within which to file a notice of appeal. Case Name: Noel Lewis v The Commissioner of Police [SVGMCRAP2018/0004] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Intended Appellant: In person Issue: Application for extension of time within which to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.Applicant is granted an extension of time and leave to appeal to file notice of appeal.

2.Applicant is granted 14 days from the date of this order to file the notice of appeal. Reason: The Court was satisfied that the applicant had met the threshold for the grant of an extension of time. Case Name: Antow Holdings Limited Appellant

[1]Best Nation Investments Limited

[2]East Crown Group Limited Respondents/Claimants v

[1]Qiu Jiajun

[2]Zhu Yaqing

[3]Lin Hui

[4]Gong Yuda First-Fourth Defendants [BVIHCMAP2017/0010] (Territory of the Virgin Islands) Date: Tuesday, 20 th February 2018 On paper: Appellant: Appleby Respondent: Forbes Hare Issue: Application for adjournment of hearing of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an adjournment of the appeal.

2.The hearing of the appeal is adjourned to Tuesday 20 th March 2018 during the siting of the Court of Appeal in the State of Saint Lucia.

3.There is no order as to costs. Reason: The Court was mindful of all the facts and had regard to rule 1.1(1) of the Civil Procedure Rules 2000, in that the overriding objective is to deal with cases justly. The Court being mindful of its powers to adjourn appeals decided to adjourn this appeal. Before: The Hon. Mde. Louise Esther Blenman, Justice of Appeal Case Name: Augustine J.C. Miguel v

[1]Natalie Miguel Nee Sardine

[2]Jason Sardine

[3]Noel Sardine

[4]Magdaline Sardine [SVGHCVAP2015/0012] (Saint Vincent and the Grenadines) Date: Tuesday, 20 th February 2018 On paper: Applicant / Appellant: Lyndon George Chambers Respondent: Mr. Duane Daniel Issue: Application for service out of jurisdiction Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to serve the first named respondent Natalie Miguel Nee Sardine out of jurisdiction at 37 Main Road, Apartment 805, Bethlehem, Pennsylvania 18018, USA.

2.Leave is granted to serve the second named respondent Jason Sardine out of jurisdiction at 170-30-130 Avenue, Jamaica, Queens Apartment 3d 11434.

3.Leave is granted to serve the third named respondent Noel Sardine out of jurisdiction at 2087 Hopewell Road, Bethlehem, Pennsylvania 18017, USA. Reason: The Court was of the view that the applicant had met the threshold for service out of jurisdiction.