Chamber Hearing – April 2015

CHAMBER HEARING April 2015 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Gertel Thom, Justice of Appeal Case Name: IN THE MATTER of the Registered Land Act, Revised Statutes of Anguilla, Chapter R30, Section 147 V IN THE MATTER of an Appeal by Collins Richardson, Carolyn Richardson (Administrator of the Estate of John Samuel Richardson); Boswell Richardson; Calvin Richardson; Leslie Richardson as Administrator of the Estate Alma Richardson; Margie Hughes as Administrator of the Estate of Evangeline Hughes; Estell Hughes as Administrator of the Estate of Samuel Benjamin Richardson; Calvin Richardson as Administrator of the Estate of Victor Richardson; Robert Austin Richardson as Administrator of the Estate of Eneria Richardson; Royston Richardson as Administrator of the Estate of James Richardson; Oliver MacDonna as Administrator of the Estate of Jane Rebecca Richardson and Sybil Ryhmer as the Administrator of the Estate of Florence Richardson against a decision of the Registrar of Lands dated 28th September 2010 and 7th July 2011 [AXAHCVAP2016/0002] (Anguilla) Date: Tuesday, 26th April 2016 On paper: Mr. Kerith T. Kentish ( Joyce Kentish & Associates) Applicant/ Respondent: Issues: Application for extension of time to file counter notice of appeal by 1st- 5th respondents – Application for counter notice of appeal to be deemed properly filed. Result / Order: IT IS HEREBY ORDERED THAT:

1.The counter notice filed by the applicant on 18th March, 2016 is deemed properly filed.

2.No order as to costs. Reason: The Court noted that there was no opposition to the application and was of the view that the applicants had satisfied the requirements for the grant of an extension of time. Case Name: Marlon Ho-Tack v Alice Ho-Tack [ANUMCVAP2015/0002] Mr. Hugh C. Marshall Jnr. (Antigua and Barbuda) Date: Tuesday, 26th April 2016 On paper: Appellant / Applicant: Issue: Application for abridgment of time to allow notice of appeal filed to be deemed properly filed. Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide evidence of proof of service of the order of Blenman JA and Webster JA on the applicant. 2. The application is adjourned to the next chamber hearing scheduled for the 24th May, 2016. Reason: The Court noted the orders of Blenman JA dated 25th February 2016 and Webster JA dated 22nd March 2016 directing that the applicant serve the application on the respondent and provide proof of service to the Court. The Court further noted that there was no evidence of compliance with the said orders. Case Name: Joseph W. Horsford, as sole administrator for the Estate of William Horsford, (deceased) v 1. Goeffrey Croft 2. Eric Construction & Heavy Equipment Services Ltd. [ANUHCVAP2014/0028] (Antigua and Barbuda) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for enlargement of time to file skeleton arguments and record of appeal Result / Order: IT IS HEREBY ORDRED THAT: 1. The application is granted. 2. The applicant shall file and serve the skeleton arguments and record of appeal within 21 days of the date of this order. Reason: The Court noted that there was no opposition to the application for an extension of time and was of the view that the applicant had met the threshold requirements for the grant of an extension of time. Case Name: Hypolite Austrie v Corporal Clement Fanfan [DOMMCVAP2016/0001] (Commonwealth of Dominica) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide proof of service of the order of Blenman JA and Webster JA on the applicant. 2. The application is adjourned to the next Chamber hearing scheduled for 24th May, 2016. Reason: The Court noted that the applicant had not complied with the orders of Blenman JA dated 25th February 2016 and Webster JA dated 22nd March 2016, which directed that the applicant serve the notice of application on the respondent and provide proof of service to the Court. The Court further noted that there was no evidence that the applicant was served with the said orders. Case Name: Merlyn Thomas Mann v Marie Jules Thomas a.k.a Jules Thomas Mr. Jeffrey L. Douglas-Murdock [DOMHCVAP2013/0012] (Commonwealth of Dominica) Date: Tuesday,26th April 2016 On paper: Applicant/Resp ondent : Ms. Heather Felix-Evans Respondent/ Appellant: Issue: Application to strike out notice of appeal for want of prosecution – Application for stay of execution – Application to set aside and discharge order Result / Order: IT IS HEREBY ORDERED THAT: The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the time for the appellant to respond had not yet expired. Case Name: Nicole Holas (T/A Nicki and Daughters) v Aiden Hannibal [GDAHCVAP2016/0011] (Grenada) Date: Tuesday, 26th April 2016 On paper: Applicant: Ms. Anyika A. Johnson (Ciboney Chambers) Issue: Application for extension of time to file notice of appeal – Application for relief from sanctions – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall serve the application and the supporting documents on the respondent within 14 days of the date of this order and shall provide proof of service to the Court. 2. The application is adjourned to the next chamber hearing scheduled for the 24th May, 2016. Reason: The Court noted that the application and supporting documents were not served on the respondent. Case Name: Sheldon Bain v The Queen [GDAHCRAP2016/0007] (Grenada) Date: Tuesday, 3rd May 2016 On paper: Applicant: Mr. George W. Prime Issue: Application for leave to appeal 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 within 14 days of the date of this order. 2. The application is adjourned to the next chamber hearing scheduled to be held on 24th May 2016 Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application. Case Name: Junction Trucking Limited v Deswick Halley Lakmal Wickramasooriya [MNILTAP2016/0001] (Monsterrat) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Lakmal Wickramasooriya (Chairman, Labour Tribunal) Issue: Case stated Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall within 14 days provide proof of service of the order of Webster JA on the applicant. 2. The application is adjourned to the next chamber hearing scheduled for 24th May, 2016. Reason: The Court noted the order of Webster JA dated 22nd March 2016 directing that the applicant take all necessary steps under the Labour Code and Part 61 of the Civil Procedure Rules 2000 to constitute and prosecute the appeal. The Court further noted that the applicant had not complied with the said order and that there was no proof of service of the said order on the applicant. Case Name: Francis Phillip v The Queen [SLUHCRAP2015/0007] (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Tiyani Behanzin Issue: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file the minute of conviction and sentence with the court within 21 days of the date of this order. 2. The applicant shall file and serve the application on the Director of Public Prosecutions within 21 days of the date of this order.

3.The application is adjourned to the next chamber hearing scheduled for 24th May, 2016. Reason: The Court noted that the application did not indicate the date on which the sentence was imposed and that the application was not served on the Director of Public Prosecutions. Case Name: Kim John v The Queen [SLUHCRAP2015/0008 ] (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Tiyani Behanzin Issue: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall file the minute of conviction and sentence with the court within 21 days of the date of this Order. 2. The applicant shall file and serve the application on the Director of Public Prosecutions within 21 days of the date of this Order. 3. The application is adjourned to the next Chamber hearing scheduled for 24th May, 2016. Reason: The Court noted that the application did not indicate the date on which the sentence was imposed and that the application was not served on the Director of Public Prosecutions. Case Name: Clement Tisson v The Queen [SLUHCRAP2015/0001] (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Sandy John Issue: Application for bail Result / Order: IT IS HEREBY ORDERED THAT: 1. The application is remitted to the High Court to be heard by a Judge of the High Court. 2. The Registrar of the High Court shall fix the date and time of the hearing of the application forthwith and notify the parties. Reason: The Court noted the order of Webster JA dated 22nd March 2016 directing that the appellant/applicant serve the application for bail on the respondent. The Court further noted the affidavit of service filed on 24th March 2016. Case Name: Jem Fontenelle v The Queen [SLUHCRAP2016/0001] (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for leave to appeal 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 within 14 days of the date of this order. 2. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application. Case Name: The Castries Constituency Council v Lambert Nelson [SLUHCVAP2014/0016] Ms. Lydia Faisal (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant/Resp ondent: Ms. Renee St. Rose Respondent/ Appellant Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for a stay of execution is refused. 2. The applicant shall pay the costs of this application to be assessed if not agreed within 21 days. Reason: The Court was of the view that the applicant/respondent had not satisfied the requirements for the grant of a stay of execution. Case Name: McArthur Engineering Company Limited v Christian Cottoy Anita Cottoy [BVIHCMAP2016/0001] (Territory of the Virgin Islands) Date: Tuesday,26th April 2016 On paper: Applicant: Mr. David A.Penn Issues: Application by legal practitioner to be removed from record Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant provides proof of service of the application on the parties within 14 days of the date of this order 2. The application is adjourned to the next chamber hearing scheduled to be held on 24th May 2016. Reason: The Court noted that there was no proof of service of the application on the appellant and respondent. Case Name: Pico Amal Petroleum Corporation Greystone Petroleum Egypt Limited v Shalakany Law Office [BVIHCMAP2016/0006] (Territory of the Virgin Islands) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. David Welford ( Maples and Calder) Respondent: Mr. Robert Nader ( Forbes Hare) Issue: Application for leave to appeal – Application for an order that the applicant not be required to file defence in response to claim Result / Order: IT IS HEREBY ORDERED THAT: 1. The application is set down for hearing before the Full Court on 2rd May,2016 by video conference 2. The Registrar shall notify the parties of the time of the hearing. Reason: The Court acted in accordance with rule 62.2(5) of the Civil Procedure Rules 2000. Case Name: The Attorney General of the Virgin Islands v Global Water Associates Limited Ms. Giselle Jackman Lumy [BVIHCMAP2016/0007] (Territory of the Virgin Islands) Date: Tuesday, 26th April 2016 On paper: Applicants/Res pondent : Fobes Hare Respondent/A pplicant: Issue: Application for leave to appeal – Application for extension of time to apply for leave to appeal – Application by respondent to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The appeal is hereby struck out. 2. The appellant shall pay the costs of this application to be assessed if not agreed within 21 days. Reason: The Court was of the opinion that leave was required to appeal the order of Leon J dated 1st February, 2016 and that the appellant having failed to obtain leave could not proceed. Case Name: 1. Rustam Yusufovich Gilfanov 2. Sergey Aleksandrovich Tokarev v 1. Mr. Maxim Valeriovich Polyakov 2. Valeriy Oleksandrovich Polyakov 3. Phoenix Holdings Ltd. [BVIHCMAP2016/0009] (Territory of the Virgin Islands) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Clive Freedman QC, Ms. Arabella Di Iorio (Maples and Calder) Respondent: Mr. Richard Evans ( Conyers Dill & Pearman) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERERD THAT: The application for leave to appeal is dismissed. Reason: The Court having read the application, affidavit in support of the application and the submissions filed on 29th March 2016, was not of the opinion that leave was required to appeal the order of Bannister J dated 11th March 2016. Case Name: Startnet Limited v Sonata Alliance Inc [BVIHCMAP2016/0010] (Territory of the Virgin Islands) Date: Tuesday 26th April 2016 On paper: Applicant: Mr. Jonathan Addo ( Harney Westwood & Riegels) Respondent: Mr. Robert Nader ( Forbes Hare) Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED AND DIRECTED THAT: 1. The application for a stay of execution of the order of Bannister J dated 21st March, 2016 is refused 2. The appellant shall pay the costs of this application to be assessed if not agreed within 21 days. Reason: The Court was of the opinion that the appellant had not satisfied the requirements for the grant of a stay of execution, there was no evidence that the appeal would be rendered nugatory unless a stay was granted and that having regard to all of the circumstances there was no risk of injustice if a stay was not granted. Case Name: The Queen v Stephen Fossi [BVIHCRAP2016/0002] (Territory of the Virgin Islands) Date: Tuesday 26th April 2016 On paper: Applicant: Mr. Wayne Rajbansie, Director of Public Prosecutions. Respondent: In person Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall file the minute of conviction and sentence and submissions within 14 days of the date of this order. Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application and that the applicant had not filed any submissions. The Court noted the correspondence from the applicant dated 22nd April 2016 in which the applicant requested an extension of time to file and serve its submissions and accompanying documents and gave reasons for its request. Case Name: Steadroy Matthews v Garna O’neal [BVIHCVAP2015/0019] (Territory of the Virgin Islands) Date: Tuesday, 26th April 2016 On paper: Applicant: Ms. Akesha E.C. Adonis (McW Todman & Co.) Respondent: Ms. Akilah Anderson (O’Neal Webster) Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for a stay of execution of the order of master Actie made on 27th November, 2016, is refused. 2. The appellant shall pay the costs of this application to be assessed if not agreed within 21 days. Reason: The Court was of the opinion that the appellant had not met the threshold requirements for the grant of a stay of execution and that there was a risk of injustice to the respondent if a stay was granted. Case Name: Mark Edwards v The Commissioner of Police [SVGMCRAP2016/0010] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issues: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for extension of time to appeal is withdrawn and accordingly dismissed. Reason: The Court noted the letter filed on 18th March 2016 seeking a withdrawal of the application for an extension of time. Case Name: Khamal DeRoche v The Queen [SVGHCRAP2016/0001] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Grant M.B. Connell Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of Justice Kathy Ann Latchoo made on 22nd December, 2015 is hereby dismissed. Reason: The Court was of the opinion that the appellant had not satisfied the threshold requirements for the grant of a stay of execution. Further, the Court took the view that the appeal would not be rendered nugatory if a stay was not granted as the appellant was serving a sentence of three years effective 22nd December, 2016. Case Name: Colly Lowman v The Commissioner of Police [SVGMCRAP2016/0009] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issues: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide the court with the minute of conviction and sentence within 14 days of the date of this order. 2. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the minute of conviction and sentence was not attached to the application. Case Name: Jimmy Boyde v The Commissioner of Police [SVGMCRAP2016/0011] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant has leave to file a notice of appeal within 21 days of the date of this Order. Reason: The Court noted that the return of service showed that the application was served on the office of the Director of Public Prosecutions on 29th March 2016 and that there was no opposition to the application. The Court was of the opinion that the applicant had satisfied the threshold requirements for the grant of an extension of time within which to file a notice of appeal. Case Name: Shammai Hazell v The Commissioner of Police [SVGMCRAP2016/0016] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to file a notice of appeal within 21 days of the date of this order. Reason: The Court noted that the return of service showed that the application was served on the office of the Director of Public Prosecutions on 29th March 2016 and that there was no opposition to the application. The Court was of the opinion that the applicant had satisfied the threshold requirements for the grant of an extension of time within which to file a notice of appeal. Case Name: Romel Diamond v The Commissioner of Police [SVGMCRAP2016/0008] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall serve the application on the Director of Public Prosecutions within 21 days of the date of this Order, and shall provide proof of service to the court. 2. The application is adjourned to the next chamber hearing scheduled to be held on the 24th May, 2016. Reason: The Court noted the order of Webster JA directing that the application be served on the respondent and that there was no proof of service on the respondent. Case Name: Justin Caesar v Sybil Coombs (acting by her duly authorised Attorney on record Kenneth Alleyne) [SVGHCVAP2016/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Emery W. Robertson (Robertson &Robertson) Respondent: Mr. Olin Dennie Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of Cottle, J dated 1st December, 2015 is refused. Reason: The Court was of the opinion that the applicant had not satisfied the threshold requirements for the grant of a stay of execution. The Court also took the view that the applicant had not shown in his affidavit that there was a risk of injustice to him if the stay was not granted. Case Name: Sheldon John v The Queen [SVGHCRAP2016/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall provide the court with the minute of conviction and sentence within 14 days of the date of this order. 2. The Registrar of the High Court shall serve a copy of the notice of appeal and the minute of conviction and sentence on the Director of Pubic Prosecutions within 14 days of the date of this order. 3. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application. Case Name: Carl Pope v The Queen [SVGHCRAP2013/0022] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Jomo Thomas Respondent: Mr. Karim Nelson ( Office of the Director of Public Prosecutions) Issue: Application for bail Result / Order: IT IS HEREBY ORDERED AND DIRECTED THAT: The application for bail pending appeal is refused. Reason: The Court noted the respondent’s written response to the application for bail filed on 26th April 2016. The Court was of the opinion that there were no exceptional circumstances so as to engage the exercise of its discretion. Case Name: Reynold Young v The Commissioner of Police [SVGMCRAP2016/0017] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall serve a copy of the application on the Director of Public Prosecutions within 14 days of the date of this order. 2. The Registrar of the High Court shall provide the Court and the Director of Public Prosecutions with the minute of conviction and sentence within 14 days of the date of this Order. Reason: The Court noted that the application was not served on the Director of Public Prosecutions and that minute of conviction and sentence was not exhibited with the application. Case Name: Julian Clarke v Veronica Haynes [SVGHCVAP2016/0008] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Emery W. Robertson (Robertson v Robertson) Respondent: Ms. Meisha S. Cruickshank Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant shall file and serve on the respondent a copy of the order of Cottle J dated 17th March, 2016; 2. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the order of Cottle J dated 17th March 2016, which the applicant sought to stay, was not exhibited to the application. Case Name: Charles Bobb v The Commissioner of Police [SVGMCRAP2016/0001] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall comply with paragraph 1 of the order of Blenman JA dated 25th February, 2016 within 7 days of the date of this order. 2. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted the order of Blenman JA dated 25th February 2016 and noted that the Registrar of the High Court has not complied with paragraph 1 of that order. Paragraph 1 directed the Registrar of the High Court to provide the Court with a copy of the minute of conviction and sentence of the appellant on or before 25th March 2016. Case Name: Yshangus Mc. Millian v The Queen [SVGHCRAP2016/0004] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal 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 appellant within 14 days of the date of this Order. 2. The Registrar of the High Court shall serve a copy of the application for extension of time to file a notice of appeal and the minute of conviction and sentence on the Director of Public Prosecutions within 14 days of the date of this Order. 3. The application is adjourned to the next Chamber hearing scheduled to be held on the 24th May, 2016. Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application. Case Name: SK Nevis Resort LLC v Glenford Roberts [SVBHCVAP2016/0002] (Federation of Saint Christopher and Nevis) Date: Tuesday, 26th April 2016 On paper: Applicant: Ms. Myrna R. Walwyn ( Myrna R. Walwyn & Associates) Issue: Application for leave to appeal Result/Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal the Order of Williams J dated 2nd March, 2016. 2. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. Reason: The Court was of the opinion that the applicant had met the threshold requirements for the grant of leave to appeal. Before: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal Case Name: Olin Dennie v Mc Connie Yammie & Company Limited [SVGHCVAP2016/0011] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Ms. Kay Bacchus-Browne Issue: Application for leave to appeal Result / Order IT IS HEREBY ORDERED AND DIRECTED THAT: 1. The applicant, Olin Dennie is granted leave to appeal the order of Lanns, J (Ag.) requiring him to pay interest at the rate of 5% per annum on the sum of $150,000.00 from the 3rd day of June 2006. 2. The notice of appeal is to be filed and served within 21 days of the date of this order granting leave to appeal. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal.

CHAMBER HEARING April 2015 MATTERS DEALT WITH ON PAPER Before: The Hon. Mde. Gertel Thom, Justice of Appeal Case Name: IN THE MATTER of the Registered Land Act, Revised Statutes of Anguilla, Chapter R30, Section 147 V IN THE MATTER of an Appeal by Collins Richardson, Carolyn Richardson (Administrator of the Estate of John Samuel Richardson); Boswell Richardson; Calvin Richardson; Leslie Richardson as Administrator of the Estate Alma Richardson; Margie Hughes as Administrator of the Estate of Evangeline Hughes; Estell Hughes as Administrator of the Estate of Samuel Benjamin Richardson; Calvin Richardson as Administrator of the Estate of Victor Richardson; Robert Austin Richardson as Administrator of the Estate of Eneria Richardson; Royston Richardson as Administrator of the Estate of James Richardson; Oliver MacDonna as Administrator of the Estate of Jane Rebecca Richardson and Sybil Ryhmer as the Administrator of the Estate of Florence Richardson against a decision of the Registrar of Lands dated 28th September 2010 and 7th July 2011

[AXAHCVAP2016/0002] (Anguilla) Date: Tuesday, 26th April 2016 On paper: Applicant/ Respondent: Mr. Kerith T. Kentish ( Joyce Kentish & Associates) Issues: Application for extension of time to file counter notice of appeal by 1st- 5th respondents – Application for counter notice of appeal to be deemed properly filed. Result / Order: IT IS HEREBY ORDERED THAT: The counter notice filed by the applicant on 18th March, 2016 is deemed properly filed. No order as to costs. Reason: The Court noted that there was no opposition to the application and was of the view that the applicants had satisfied the requirements for the grant of an extension of time. Case Name: Marlon Ho-Tack v Alice Ho-Tack [ANUMCVAP2015/0002] (Antigua and Barbuda) Date: Tuesday, 26th April 2016 On paper: Appellant / Applicant: Mr. Hugh C. Marshall Jnr. Issue: Application for abridgment of time to allow notice of appeal filed to be deemed properly filed. Result / Order: IT IS HEREBY ORDERED THAT: The

Registrar of the High Court shall provide evidence of proof of service of the order of Blenman JA and Webster JA on the applicant. The application is adjourned to the next chamber hearing scheduled for the 24th May, 2016. Reason: The Court noted the orders of Blenman JA dated 25th February 2016 and Webster JA dated 22nd March 2016 directing that the applicant serve the application on the respondent and provide proof of service to the Court. The Court further noted that there was no evidence of compliance with the said orders. Case Name: Joseph W. Horsford, as sole administrator for the Estate of William Horsford, (deceased) v Goeffrey Croft Eric Construction & Heavy Equipment Services Ltd. [ANUHCVAP2014/0028] (Antigua and Barbuda) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for enlargement of time to file skeleton arguments and record of appeal Result / Order: IT IS HEREBY ORDRED THAT: The application is granted. The applicant shall

file and serve the skeleton arguments and record of appeal within 21 days of the date of this order. Reason: The Court noted that there was no opposition to the application for an extension of time and was of the view that the applicant had met the threshold requirements for the grant of an extension of time. Case Name: Hypolite Austrie v Corporal Clement Fanfan [DOMMCVAP2016/0001] (Commonwealth of Dominica) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall provide proof of service of the order of Blenman JA and Webster JA on the applicant. The application is adjourned to the next Chamber hearing scheduled for 24th May, 2016. Reason: The Court noted that the applicant had not complied with the orders of Blenman JA dated 25th February 2016 and Webster JA dated 22nd March 2016, which directed that

the applicant serve the notice of application on the respondent and provide proof of service to the Court. The Court further noted that there was no evidence that the applicant was served with the said orders. Case Name: Merlyn Thomas Mann v Marie Jules Thomas a.k.a Jules Thomas [DOMHCVAP2013/0012] (Commonwealth of Dominica) Date: Tuesday,26th April 2016 On paper: Applicant/Respondent : Mr. Jeffrey L. Douglas-Murdock Respondent/ Appellant: Ms. Heather Felix-Evans Issue: Application to strike out notice of appeal for want of prosecution – Application for stay of execution – Application to set aside and discharge order Result / Order: IT IS HEREBY ORDERED THAT: The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the time for the appellant to respond had not yet expired. Case Name: Nicole Holas (T/A Nicki and Daughters) v Aiden Hannibal [GDAHCVAP2016/0011] (Grenada) Date: Tuesday, 26th April 2016 On paper: Applicant: Ms. Anyika A.

Johnson (Ciboney Chambers) Issue: Application for extension of time to file notice of appeal – Application for relief from sanctions – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall serve the application and the supporting documents on the respondent within 14 days of the date of this order and shall provide proof of service to the Court. The application is adjourned to the next chamber hearing scheduled for the 24th May, 2016. Reason: The Court noted that the application and supporting documents were not served on the respondent. Case Name: Sheldon Bain v The Queen [GDAHCRAP2016/0007] (Grenada) Date: Tuesday, 3rd May 2016 On paper: Applicant: Mr. George W. Prime Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall provide the Court with a copy of the minute of conviction and sentence within 14 days of the date of this order.

The application is adjourned to the next chamber hearing scheduled to be held on 24th May 2016 Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application. Case Name: Junction Trucking Limited v Deswick Halley Lakmal Wickramasooriya [MNILTAP2016/0001] (Monsterrat) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Lakmal Wickramasooriya (Chairman, Labour Tribunal) Issue: Case stated Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall within 14 days provide proof of service of the order of Webster JA on the applicant. The application is adjourned to the next chamber hearing scheduled for 24th May, 2016. Reason: The Court noted the order of Webster JA dated 22nd March 2016 directing that the applicant take all necessary steps under the Labour Code and Part 61 of the Civil Procedure Rules 2000 to constitute and prosecute the appeal. The Court further noted that the applicant had not complied with the

said order and that there was no proof of service of the said order on the applicant. Case Name: Francis Phillip v The Queen [SLUHCRAP2015/0007] (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Tiyani Behanzin Issue: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall file the minute of conviction and sentence with the court within 21 days of the date of this order. The applicant shall file and serve the application on the Director of Public Prosecutions within 21 days of the date of this order. The application is adjourned to the next chamber hearing scheduled for 24th May, 2016. Reason: The Court noted that the application did not indicate the date on which the sentence was imposed and that the application was not served on the Director of Public Prosecutions. Case Name: Kim John v The Queen [SLUHCRAP2015/0008 ] (Saint Lucia) Date: Tuesday, 26th April

2016 On paper: Applicant: Mr. Tiyani Behanzin Issue: Application for leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall file the minute of conviction and sentence with the court within 21 days of the date of this Order. The applicant shall file and serve the application on the Director of Public Prosecutions within 21 days of the date of this Order. The application is adjourned to the next Chamber hearing scheduled for 24th May, 2016. Reason: The Court noted that the application did not indicate the date on which the sentence was imposed and that the application was not served on the Director of Public Prosecutions. Case Name: Clement Tisson v The Queen [SLUHCRAP2015/0001] (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Sandy John Issue: Application for bail Result / Order: IT IS HEREBY ORDERED THAT: The application is remitted to the High Court to be heard by a

Judge of the High Court. The Registrar of the High Court shall fix the date and time of the hearing of the application forthwith and notify the parties. Reason: The Court noted the order of Webster JA dated 22nd March 2016 directing that the appellant/applicant serve the application for bail on the respondent. The Court further noted the affidavit of service filed on 24th March 2016. Case Name: Jem Fontenelle v The Queen [SLUHCRAP2016/0001] (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall provide the court with a copy of the minute of conviction and sentence within 14 days of the date of this order. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the minute of conviction and sentence was not exhibited

with the application. Case Name: The Castries Constituency Council v Lambert Nelson [SLUHCVAP2014/0016] (Saint Lucia) Date: Tuesday, 26th April 2016 On paper: Applicant/Respondent: Ms. Lydia Faisal Respondent/ Appellant Ms. Renee St. Rose Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution is refused. The applicant shall pay the costs of this application to be assessed if not agreed within 21 days. Reason: The Court was of the view that the applicant/respondent had not satisfied the requirements for the grant of a stay of execution. Case Name: McArthur Engineering Company Limited v Christian Cottoy Anita Cottoy [BVIHCMAP2016/0001] (Territory of the Virgin Islands) Date: Tuesday,26th April 2016 On paper: Applicant: Mr. David A.Penn Issues: Application by legal practitioner to be removed from record Result / Order: IT IS HEREBY ORDERED THAT: The applicant provides proof of service of the application on the parties within 14 days of the date of

this order The application is adjourned to the next chamber hearing scheduled to be held on 24th May 2016. Reason: The Court noted that there was no proof of service of the application on the appellant and respondent. Case Name: Pico Amal Petroleum Corporation Greystone Petroleum Egypt Limited v Shalakany Law Office [BVIHCMAP2016/0006] (Territory of the Virgin Islands) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. David Welford ( Maples and Calder) Respondent: Mr. Robert Nader ( Forbes Hare) Issue: Application for leave to appeal – Application for an order that the applicant not be required to file defence in response to claim Result / Order: IT IS HEREBY ORDERED THAT: The application is set down for hearing before the Full Court on 2rd May,2016 by video conference The Registrar shall notify the parties of the time of the hearing. Reason: The Court acted in accordance with rule 62.2(5) of the Civil Procedure Rules 2000. Case Name: The Attorney

General of the Virgin Islands v Global Water Associates Limited [BVIHCMAP2016/0007] (Territory of the Virgin Islands) Date: Tuesday, 26th April 2016 On paper: Applicants/Respondent : Ms. Giselle Jackman Lumy Respondent/Applicant: Fobes Hare Issue: Application for leave to appeal – Application for extension of time to apply for leave to appeal – Application by respondent to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: The appeal is hereby struck out. The appellant shall pay the costs of this application to be assessed if not agreed within 21 days. Reason: The Court was of the opinion that leave was required to appeal the order of Leon J dated 1st February, 2016 and that the appellant having failed to obtain leave could not proceed. Case Name: Rustam Yusufovich Gilfanov Sergey Aleksandrovich Tokarev v Mr. Maxim Valeriovich Polyakov Valeriy Oleksandrovich Polyakov Phoenix Holdings Ltd. [BVIHCMAP2016/0009] (Territory of the Virgin Islands) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr.

Clive Freedman QC, Ms. Arabella Di Iorio (Maples and Calder) Respondent: Mr. Richard Evans ( Conyers Dill & Pearman) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERERD THAT: The application for leave to appeal is dismissed. Reason: The Court having read the application, affidavit in support of the application and the submissions filed on 29th March 2016, was not of the opinion that leave was required to appeal the order of Bannister J dated 11th March 2016. Case Name: Startnet Limited v Sonata Alliance Inc [BVIHCMAP2016/0010] (Territory of the Virgin Islands) Date: Tuesday 26th April 2016 On paper: Applicant: Mr. Jonathan Addo ( Harney Westwood & Riegels) Respondent: Mr. Robert Nader ( Forbes Hare) Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED AND DIRECTED THAT: The application for a stay of execution of the order of Bannister J dated 21st March, 2016 is refused The appellant shall pay the costs

of this application to be assessed if not agreed within 21 days. Reason: The Court was of the opinion that the appellant had not satisfied the requirements for the grant of a stay of execution, there was no evidence that the appeal would be rendered nugatory unless a stay was granted and that having regard to all of the circumstances there was no risk of injustice if a stay was not granted. Case Name: The Queen v Stephen Fossi [BVIHCRAP2016/0002] (Territory of the Virgin Islands) Date: Tuesday 26th April 2016 On paper: Applicant: Mr. Wayne Rajbansie, Director of Public Prosecutions. Respondent: In person Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant shall file the minute of conviction and sentence and submissions within 14 days of the date of this order. Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application and that the applicant had

not filed any submissions. The Court noted the correspondence from the applicant dated 22nd April 2016 in which the applicant requested an extension of time to file and serve its submissions and accompanying documents and gave reasons for its request. Case Name: Steadroy Matthews v Garna O’neal [BVIHCVAP2015/0019] (Territory of the Virgin Islands) Date: Tuesday, 26th April 2016 On paper: Applicant: Ms. Akesha E.C. Adonis (McW Todman & Co.) Respondent: Ms. Akilah Anderson (O’Neal Webster) Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of master Actie made on 27th November, 2016, is refused. The appellant shall pay the costs of this application to be assessed if not agreed within 21 days. Reason: The Court was of the opinion that the appellant had not met the threshold requirements for the grant of a stay of execution and that there was a risk of injustice to

the respondent if a stay was granted. Case Name: Mark Edwards v The Commissioner of Police [SVGMCRAP2016/0010] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issues: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for extension of time to appeal is withdrawn and accordingly dismissed. Reason: The Court noted the letter filed on 18th March 2016 seeking a withdrawal of the application for an extension of time. Case Name: Khamal DeRoche v The Queen [SVGHCRAP2016/0001] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Grant M.B. Connell Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of Justice Kathy Ann Latchoo made on 22nd December, 2015 is hereby dismissed. Reason: The Court was of the opinion that the appellant had not satisfied the threshold

requirements for the grant of a stay of execution. Further, the Court took the view that the appeal would not be rendered nugatory if a stay was not granted as the appellant was serving a sentence of three years effective 22nd December, 2016. Case Name: Colly Lowman v The Commissioner of Police [SVGMCRAP2016/0009] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issues: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall provide the court with the minute of conviction and sentence within 14 days of the date of this order. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the minute of conviction and sentence was not attached to the application. Case Name: Jimmy Boyde v The Commissioner of Police [SVGMCRAP2016/0011] (Saint Vincent and the Grenadines) Date:

Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant has leave to file a notice of appeal within 21 days of the date of this Order. Reason: The Court noted that the return of service showed that the application was served on the office of the Director of Public Prosecutions on 29th March 2016 and that there was no opposition to the application. The Court was of the opinion that the applicant had satisfied the threshold requirements for the grant of an extension of time within which to file a notice of appeal. Case Name: Shammai Hazell v The Commissioner of Police [SVGMCRAP2016/0016] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to file a

notice of appeal within 21 days of the date of this order. Reason: The Court noted that the return of service showed that the application was served on the office of the Director of Public Prosecutions on 29th March 2016 and that there was no opposition to the application. The Court was of the opinion that the applicant had satisfied the threshold requirements for the grant of an extension of time within which to file a notice of appeal. Case Name: Romel Diamond v The Commissioner of Police [SVGMCRAP2016/0008] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall serve the application on the Director of Public Prosecutions within 21 days of the date of this Order, and shall provide proof of service to the court. The application is adjourned to the

next chamber hearing scheduled to be held on the 24th May, 2016. Reason: The Court noted the order of Webster JA directing that the application be served on the respondent and that there was no proof of service on the respondent. Case Name: Justin Caesar v Sybil Coombs (acting by her duly authorised Attorney on record Kenneth Alleyne) [SVGHCVAP2016/0002] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Emery W. Robertson (Robertson &Robertson) Respondent: Mr. Olin Dennie Issue: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of Cottle, J dated 1st December, 2015 is refused. Reason: The Court was of the opinion that the applicant had not satisfied the threshold requirements for the grant of a stay of execution. The Court also took the view that the applicant had not shown in his affidavit that there was a risk of

injustice to him if the stay was not granted. Case Name: Sheldon John v The Queen [SVGHCRAP2016/0003] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall provide the court with the minute of conviction and sentence within 14 days of the date of this order. The Registrar of the High Court shall serve a copy of the notice of appeal and the minute of conviction and sentence on the Director of Pubic Prosecutions within 14 days of the date of this order. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application. Case Name: Carl Pope v The Queen [SVGHCRAP2013/0022] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April

2016 On paper: Applicant: Mr. Jomo Thomas Respondent: Mr. Karim Nelson ( Office of the Director of Public Prosecutions) Issue: Application for bail Result / Order: IT IS HEREBY ORDERED AND DIRECTED THAT: The application for bail pending appeal is refused. Reason: The Court noted the respondent’s written response to the application for bail filed on 26th April 2016. The Court was of the opinion that there were no exceptional circumstances so as to engage the exercise of its discretion. Case Name: Reynold Young v The Commissioner of Police [SVGMCRAP2016/0017] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall serve a copy of the application on the Director of Public Prosecutions within 14 days of the date of this order. The Registrar of the High Court shall provide the Court and

the Director of Public Prosecutions with the minute of conviction and sentence within 14 days of the date of this Order. Reason: The Court noted that the application was not served on the Director of Public Prosecutions and that minute of conviction and sentence was not exhibited with the application. Case Name: Julian Clarke v Veronica Haynes [SVGHCVAP2016/0008] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Mr. Emery W. Robertson (Robertson v Robertson) Respondent: Ms. Meisha S. Cruickshank Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The appellant shall file and serve on the respondent a copy of the order of Cottle J dated 17th March, 2016; The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted that the order of Cottle J dated 17th March 2016, which the applicant sought to stay, was not exhibited to the

application. Case Name: Charles Bobb v The Commissioner of Police [SVGMCRAP2016/0001] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall comply with paragraph 1 of the order of Blenman JA dated 25th February, 2016 within 7 days of the date of this order. The application is adjourned to the next chamber hearing scheduled to be held on 24th May, 2016. Reason: The Court noted the order of Blenman JA dated 25th February 2016 and noted that the Registrar of the High Court has not complied with paragraph 1 of that order. Paragraph 1 directed the Registrar of the High Court to provide the Court with a copy of the minute of conviction and sentence of the appellant on or before 25th March 2016. Case Name: Yshangus Mc. Millian v

The Queen [SVGHCRAP2016/0004] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: In person Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: The Registrar of the High Court shall provide the court with a copy of the minute of conviction and sentence of the appellant within 14 days of the date of this Order. The Registrar of the High Court shall serve a copy of the application for extension of time to file a notice of appeal and the minute of conviction and sentence on the Director of Public Prosecutions within 14 days of the date of this Order. The application is adjourned to the next Chamber hearing scheduled to be held on the 24th May, 2016. Reason: The Court noted that the minute of conviction and sentence was not exhibited with the application. Case Name: SK Nevis Resort LLC v Glenford Roberts [SVBHCVAP2016/0002] (Federation of Saint Christopher

and Nevis) Date: Tuesday, 26th April 2016 On paper: Applicant: Ms. Myrna R. Walwyn ( Myrna R. Walwyn & Associates) Issue: Application for leave to appeal Result/Order: IT IS HEREBY ORDERED THAT: The applicant is granted leave to appeal the Order of Williams J dated 2nd March, 2016. The applicant shall file and serve the notice of appeal within 21 days of the date of this order. Reason: The Court was of the opinion that the applicant had met the threshold requirements for the grant of leave to appeal. Before: The Hon. Mr. Davidson Kelvin Baptiste, Justice of Appeal Case Name: Olin Dennie v Mc Connie Yammie & Company Limited [SVGHCVAP2016/0011] (Saint Vincent and the Grenadines) Date: Tuesday, 26th April 2016 On paper: Applicant: Ms. Kay Bacchus-Browne Issue: Application for leave to appeal Result / Order IT IS HEREBY ORDERED AND DIRECTED THAT: The applicant, Olin Dennie is granted leave to appeal the order of Lanns, J (Ag.) requiring him

to pay interest at the rate of 5% per annum on the sum of $150,000.00 from the 3rd day of June 2006. The notice of appeal is to be filed and served within 21 days of the date of this order granting leave to appeal. Reason: The Court was satisfied that the applicant met the threshold requirements for the grant of leave to appeal.