23rd September 2015 – Territory of the Virgin Islands

TELECONFERENCE TERRITORY OF THE VIRGIN ISLANDS Wednesday, 23rd September 2015 APPLICATIONS AND APPEALS Case Name: Dmitry Vladimirovich Garkusha Appellant / Respondent v

[1]Ashot Yegiazaryan Respondent / Applicant

[2]Vitaly Gogokhia

[3]Hamfast Investment Limited

[4]Hackham Invest and Trade Inc

[5]Limerick Business Holdings Limited Defendants [BVIHCMAP2015/0010] Coram: The Hon. Mr. Davidson K. Baptiste, Justice of Appeal The Hon. Mde. Louise E. Blenman, Justice of Appeal The Hon. Mde. Gertel Thom, Justice of Appeal Appearances: Respondent / Applicant: Mr. Andrew Wanambwa Appellant / Respondent: Mr. Simon Hall Issues: Interlocutory appeal – Appeal against order of learned judge setting aside service of proceedings on applicant and discharging freezing injunction against applicant – Application for adjournment of appeal hearing – Lead counsel for applicant unable to attend hearing of matter during Court of Appeal Sitting scheduled for week commencing 28th September 2015 – Whether respondent (to application) prejudiced by application for adjournment Result / Order: [Oral delivery] IT IS HEREBY ORDERED THAT: The appeal due to be heard during the week commencing 28th September 2015 be adjourned until the week of 11th January 2016. The costs of and occasioned by the application are to be paid by the appellant/respondent, Mr. Dmitry Vladimirovich Garkusha. Costs to be assessed if not agreed within 14 days. Reason: The Court was of the view that the balance of justice weighed in favour of the grant of the adjournment to the respondent/applicant.