January 2014

CHAMBER HEARING January 2014 Before: The Hon. Mr. Mario Michel, Justice of Appeal MATTERS DEALT WITH ON PAPER Case Name: Sylvan Brooks v Regina [AXAHCRAP2007/0002] In person (Anguilla) Date: Tuesday, 20th January 2015 On paper: Appellant/ Applicant: Respondent: Mr. Gene C. Pestaina (Attorney General’s Chambers) Issues: Application for leave to reinstate notice of appeal Result / Order: IT IS ORDERED AND DIRECTED THAT: 1. The notice of appeal filed by the applicant on 26th November 2007 is hereby reinstated. 2. The Registrar of the High Court shall prepare and make available to the parties the record of the appeal for the appellant’s appeal against sentence on or before 23rd February 2015. 3. The appellant’s appeal against sentence is fixed for hearing by the Court at its next sitting in Anguilla during the week commencing 23rd March 2015. Reason: The Court was satisfied that the appellant met the requirements for the reinstatement of his notice of appeal. Case Name: Anguilla Electricity Company Limited v Anguilla Development Corporation Ltd. [AXAHCVAP2014/0011] (Anguilla) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Jeri Richardson Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted leave to appeal the order of Mathurin J made on 18th December 2014. 2. The applicant shall file and serve the notice of appeal within 21 days of the date of the order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Titus Gabriel Theodore Francis v Noreen Natalie Francis [ANUHCVAP2014/0032] (Antigua and Barbuda) Date: Tuesday, 20th January 2015 On paper: Applicant: Dr. David Dorsett (Watt, Dorsett & Company) Issue: Application for leave to appeal against an interlocutory order Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leaved to appeal is granted. 2. The applicant shall file and serve his notice of appeal within 21 days of the date of this order. 3. Upon the filing and service of the notice of appeal, the appeal shall proceed in accordance with CPR 62.10. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Kenard J. Byron v Eastern Caribbean Amalgamated Bank (ECAB) [ANUHCVAP2012/0010] Dr. David Dorsett (Watt, Dorsett & Company) (Antigua and Barbuda) Date: Tuesday, 20th January 2015 On paper: Appellant / Respondent: Ms. Tracy Benn-Roberts Respondent / Applicant: Issues: Application to strike out notice of appeal and amended notice of appeal – Application for notice of appeal and amended notice of appeal to be deemed properly filed Result / Order: IT IS HEREBY ORDERED AND DIRECTED THAT: 1. The application by the appellant to deem the notice of appeal and the amended notice of appeal to have been properly filed is denied. 2. The application by the respondent to strike out the notice of appeal and the amended notice of appeal is granted. 3. Costs to the respondent in the sum of $750.00 Reason: The Court noted that the appellant’s notice of appeal was filed out of time on 15th May 2012 and that no application was ever made by the appellant to extend the time for filing his notice of appeal. It was only after the filing by the respondent on 13th November 2014 of an application to strike out the appellant’s appeal did the appellant, on 18th November 2014, seek to regularize his notice of appeal. Accordingly, the Court was of the view that because of the non- compliance by the appellant, and inordinate delay by him in rectifying his non-compliance with the rules and procedures in attending the prosecution of an appeal that the application to deem the notice of appeal and the amended notice of appeal properly filed should be denied. Case Name: Director of Public Prosecutions v

[1]Stanley Casimir

[2]Kern Bruno

[3]Bram Sanderson

[4]Vickson Williams

[5]Raisa Alexander

[6]Caroline Laronde

[7]Alexis Bruno

[8]National Bank of Dominica

[9]Royal Bank of Dominica

[10]Central Cooperative Credit Union Limited

[11]Bank of Nova Scotia

[12]National Cooperative Credit Union Limited

[13]FirstCaribbean International Bank Limited

[14]H.H.V. Whitchurch & Co. Ltd (Western Union, Dominica)

[15]Archipelago Trading (Money Gram)

[16]South East Cooperative Credit Union Limited Ms. Sherma Dalrymple [DOMHCVAP2014/0004] (Commonwealth of Dominica) Date: Tuesday, 20th January 2014 On paper: Respondent / Applicant Applicants / Respondents: Dyer & Dyer for the first, second and sixth applicant/respondent Issues: Application for leave to appeal – Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal is granted. 2. The applicant shall file and serve the notice of appeal within 21 days of today’s date. 3. Thereafter the appeal shall proceed in accordance with CPR 62.10. Reason: The Court noted that the application for leave to appeal had not been dealt with by the Court and that the notice of appeal and application to strike out were both premature. However, the Court was satisfied that the applicants/respondents had met the threshold requirements for the grant of leave to appeal. Case Name: Fitzgerald Winston v J. Astaphan & Co. (1970) Ltd. [DOMHCVAP2014/0022] (Commonwealth of Dominica) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Joshua Francis (Joshua Francis Chambers) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal is granted. 2. The applicant shall file his notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Liana Leanne Prince Charles v Derrickson Charles [DOMHCVAP2013/0023] (Commonwealth of Dominica) Dyer & Dyer Date: Tuesday, 20th January 2015 On paper: Applicant / Appellant: Respondent: Mrs. Hazel Johnson (de Freitas, de Freitas and Johnson) Issues: Application for stay of execution pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The judgment of Cottle J dated 27th August 2013 is stayed pending the determination of the appeal against the judgment. Reason: The Court noted that there was no objection by the respondent to the application. Case Name: [1] Police Officer Mervin Charles #258 [2] The Attorney General of the Commonwealth of Dominica v John Ross Registe [DOMHCVAP2014/0033] (Commonwealth of Dominica) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Pearl D. Williams Issues: Application for extension of time to file counter notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall furnish the Court with proof of service of the application on the respondent on or before 31st January 2015. 2. The application is adjourned to the next chamber hearing date of the Court on 17th February 2015. Reason: The Court noted that there was no evidence of service of the application and supporting documents on the respondents to the application. Case Name: Vernon Anthony v Clem C. Boyd [DOMMCVAP2014/0006] (Commonwealth of Dominica) Date: Tuesday, 20th January 2014 On paper: Applicant: Mr. Darius W. Jones Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to appeal is granted. 2. The applicant shall file and serve the notice of appeal within 14 days of today’s date. Reason: The Court was satisfied that the applicant met the requirements for the grant of an extension of time to appeal. Case Name: John Baptiste v The Queen [GDAHCRAP2014/0010] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November 2014 against a sentence passed on 16th December 2013 is struck out. Reason: The Court noted that no extension of time had been sought or granted for the filing of an appeal or for an application for leave to appeal the order made on 16th December 2013. Case Name: Willan Nedd v The Queen [GDAHCRAP2014/0011] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for leave to appeal against conviction Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November 2014 is struck out. Reason: The Court noted that no extension of time had been sought or granted for the filing of an appeal or for an application for leave to appeal an order of conviction made on 19th March 2014. Case Name: Troy Cooper v The Queen [GDAHCRAP2014/0012] (Grenada) Date: Tuesday, 20th January 2015 On paper: Appellant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November 2014 against a sentence passed in December 2011 is struck out. Reason: The Court noted that no extension of time was sought or granted for the filing of an appeal or for an application for leave to appeal the order made in December 2011. Case Name: Dave Benjamin v The Queen [GDAHCRAP2014/0013] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November against a sentence passed on 2nd July 2014 is struck out. Reason: The Court noted that no extension of time had been sought or granted for the filing of an appeal or for an application for leave to appeal the order made on 2nd July 2014. Case Name: Wayne Charles v The Queen [GDAHCRAP2014/0015] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November 2014 is struck out. Reason: The Court noted that that no extension of time had been sought or granted for the filing of an appeal or for an application for leave to appeal the order of conviction dated 20th February 2014 and the order of sentence made on 15th April 2014. Case Name: Ashley Augustine v The Queen [GDAHCRAP2014/0014] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for extension of time to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant is granted an extension of time within which to appeal against his sentence. 2. The applicant shall file and serve the notice of appeal against his sentence within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the requirements for the grant of an extension of time. Case Name: Catherine Joseph (also known as Faith Regis) v Maude Campbell [GDAHCVAP2014/0029] Ms. Sandina Date Osei-Gyau (Grenlaw Chambers) (Grenada) Date: Tuesday, 20th January 2015 On paper: Appellant / Applicant: Respondent: Mr. Deloni Edwards (Law Office of E.D. Clyne) Issue: Application for stay pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of the order of Ellis J pending the determination of the appeal against the order is hereby granted. Reason: The Court noted that the respondent did not oppose the application for the stay. Case Name: The Attorney General of Grenada v Sherma-Ann Roberts Joseph The Integrity Commission (Not a party to the application) [GDAHCVAP2014/0038] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Dwight Horsford (Solicitor General – Attorney General’s Chambers) Respondent: Mr. Alban M. John (Law Office of Alban M. John) Issues: Application for leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The application for leave to appeal is referred to the Full Court for hearing at its next sitting in Grenada during the week commencing 27th April 2015. Case Name: [1] Roosevelt Phillip [2] Rudolph Phillip [3] Godwin Phillip [4] Veralyn James nee Philip [5] Margaret Lee nee Phillip v Festus Alexander [GDAHCVAP2014/0040] Ms. Afi Ventour de Vega (Afi Ventor & Co.) (Grenada) Date: Tuesday, 20th January 2015 On paper: Appellants / Applicants: Issues: Application for extension of time for filing submissions – Application for extension of time for filing affidavits and exhibits Result / Order & Reason: IT IS HEREBY ORDERED AND DIRECTED THAT: 1. Unless the appellant shall furnish the Court within 7 days of today’s date the following: (i) the order of the court granting an extension of time to file the notice of appeal; (ii) the order of court granting leave to appeal; (iii) Proof of service on the respondent of the notice of appeal and application for the extension of time to file submissions; 2. The notice of appeal and application for an extension of time to file submissions shall stand dismissed without further order. Case Name: The Attorney General of Grenada v Denis Thomas [GDAHCVAP2014/0041] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Dwight Horsford (Solicitor General – Attorney General’s Chambers) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal is granted. 2. The applicant shall file and serve the notice of appeal within 21 days of today’s date. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Advocate Publishers (2000) Inc. v Raelene Lazarus [GDAHCVAP2015/0001] (Grenada) Date: Tuesday, 20th January 2015 On paper: Appellant: Ms. Sabrita Khan-Ramdhani (Ramdhani & Associates) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is adjourned for an oral hearing during the sitting of Court in Grenada during the week commencing 27th April 2015. Reason: The Court was minded to refuse leave. Case Name: [1] Barbara Hardtman [2] Laughton Browne [3] Kirtley Hardtman v Applewaite Lake [SKBHCVAP2014/0033] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicants: Mr. John Cato Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: Hearing of the application is adjourned to the Full Court at the next sitting of the Court in Saint Christopher and Nevis during the week commencing 23rd February 2015. Reason: The Court was minded to refuse granting leave to appeal. Case Name: Caribbean Building Systems (St. Kitts) Ltd First Caribbean International Bank (Barbados) Limited v Colin Parry [SKBHCVAP2014/0025] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Janine Johnson Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against the order of Corbin-Lincoln M [Ag.] dated 7th October 2015 is granted. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Eustace Nisbett v [1] Alexis Jeffers [2] Cardell Rawlins [3] Leon Lescott [4] Melissa Seabrookes [5] Juletta Jeffers [6] Dexter Boncamper [SKBHCVAP2014/0028] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant: Cozier and Associates Issues: Civil appeal – Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application to strike out the notice of appeal filed on 31st October 2014 is granted. 2. Costs to the respondents in the sum of $750.00. Reason: The Court was of the view that the order being appealed was an interlocutory order and as such leave to appeal was required and the respondents had not obtained leave to appeal. Case Name: [1] Caribbean Building Systems (St. Kitts) Limited v Simon Briggs First Caribbean International Bank (Barbados) Limited Ms. Janine Johnson for the applicant/first defendant [SKBHCVAP2014/0026] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant / First defendant: Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against the order of Corbin-Lincoln M [Ag.] dated 7th October 2014 is granted. Reason: The Court was satisfied that the applicant/first defendant had met the threshold requirements for the grant of leave to appeal. Case Name: Lindsay Fitz Patrick Grant v [1] Rupert Herbert [2] Leroy Benjamin [3] Wentford Rogers [SKBHCVAP2012/0001] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Appellant: Ms. Marguerite A. Foreman (Seaton & Foreman) Issue: Application for extension of time to file skeleton arguments in support of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is granted an extension of time to file and serve skeleton arguments in support of the appeal. 2. The appellant shall file and serve skeleton arguments in support of his appeal within 21 days of the date of this order. 3. Upon filing and service of the appellant’s skeleton arguments, the appeal shall proceed thereafter in accordance with Part 62 of the CPR. Reason: The Court was satisfied that the appellant met the requirements for the grant of an extension of time. Case Name: IN THE MATTER of SRP, LLC a limited liability Company formed under the Nevis Limited Liability Company Ordinance 1995 and IN THE MATTER of an application by PAUL B. TARTELL M.D., AND IRWIN GEDULD the Trustee of the 1996 Tartell Family Irrevocable Trust, and the 2002 Paul B. Tartell Family Trust, members of the Company, for and Order for its Judicial Dissolution pursuance to Section 52 of the aforesaid Ordinance [SKBHCVAP2014/0029] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Lindsay F.P. Grant (Grant, Powell and Co.) Respondent: Ms. Midge A. Morton (Morton Robinson, L.P.) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDRED THAT: The application for leave to appeal against the order of Williams J dated 6th October 2014 is granted. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Luxury Hotels International Management St. Kitts Limited (formerly Marriot St. Kitts Management Company, Inc.) v Denise Violet Stevens [SKBHCVAP2015/0001] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Elizabeth Harper (Daniel, Brantley & Associates) Issues: Application for extension of time to appeal for leave to appeal – Application for leave to appeal – Application for stay pending appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time for the filing of the application for leave to appeal is granted. 2. The application for leave to appeal the order of the Master is granted. 3. The applicant shall file and serve the notice of appeal within 14 days of the date of this order. 4. There being no appeal before this Court at present, the Court declines to consider the application for a stay pending the determination of the appeal. Reason: The Court was of the view that the applicant had met the requirements for the grant of an extension of time for the filing of an application for leave to appeal and was also satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Bernard Auguste v Ian Joseph [SLUHCVAP2013/0008] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Edith Petra Jeffery-Nelson (Greene Nelson & Associates) Issue: Application for leave to withdraw as attorney for respondent Result / Order & Reason: IT IS HEREBY ORDERED THAT: 1. In accordance with CPR 63.6(2), the applicant (Edith Petra Jeffrey-Nelson) shall provide proof of service of the notice of application on all parties, including the respondent (Ian Joseph). 2. In accordance with CPR 63.6(3), the applicant shall provide proof of service on the respondent of the affidavit in support of the application for leave to withdraw. 3. The application for leave to withdraw as attorney at law for the respondent is adjourned for hearing by the Full Court during the week commencing Monday 26th January 2015, together with the application for leave to amend grounds of appeal. Reason: Case Name: [1] Dr. Martin G.C. Didier [2] Dr. Kannan Mathiprakasam [3] Dr. Guruswamy Ramachandrappa v Royal Caribbean Cruises Ltd. [SLUHCVAP2012/0024] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicants: Mr. Geoffrey DuBoulay (Floissac Fleming & Associates) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for leave to appeal is granted. 2. The applicant shall file and serve a notice of appeal within 21 days of today’s order, thereafter the appeal shall proceed in accordance with CPR 62.10. Reason: The Court was satisfied that the applicants met the threshold requirements for the grant of leave to appeal. Case Name: Lazarus Paul v [1] Raquel Willie-Trotman [2] Douglas Trotman [3] Teferi Trotman minor acting and represented by his mother Raquel Willie-Trotman [SLUHCVAP2013/0028] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Gerard R. Williams (The Law Offices of Gerard R. Williams) Respondents: Ms. Waueen Louis-Harris Issues: Application for dismissal of application of leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The applications herein for (1) leave to appeal filed on 31st October 2013 and (2) for dismissal of the application for leave to appeal filed on 31st December 2014 are scheduled for hearing at the sitting of the Court in Saint Lucia on Thursday 29th January 2015. Case Name: Michael Medar v Marie Antoinette Pauline Medar (Nee James) [SLUHCVAP2014/0025] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicants: Mr. Dexter Theodore (Theodore & Associates) Respondent: Ms. Esther Greene-Ernest (Greene, Nelson & Associates) Issues: Application for extension of time to appeal – Application for relief from sanctions Result / Order & Reason: IT IS HEREBY ORDERED THAT: The application is adjourned to the next chamber hearing date on 17th February 2015. Case Name: [1] Maria Jules [2] Robert Louis v Mathilda Matthews [SLUHCVAP2014/0027] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicants: Mr. Sandy John Respondent: Issues: Application for leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: 1. The applicant shall file a copy of the order being appealed within 7 days of today’s date. 2. The application is adjourned to the next chamber hearing date on 17th February 2015. Case Name: [1] Gerald Beausoliel [2] Mary Beausoliel representing the succession of Anne Mary Cecile Beausoliel v [1] Bartholomew Sylvester [2] Julien Sylvester [SLUHCVAP2014/0026] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicants: Ms. Edith Petra Jeffery-Nelson (Greene, Nelson & Associates) Respondents: Mr. Huggins Nicholas Issues: Application for stay of execution Result / Order & Reason: IT IS HEREBY ORDERED THAT: Unless the appellant furnishes the Court with the order granting leave to appeal within 7 days of today’s order, the notice of appeal and application for stay of execution shall stand dismissed with costs in the sum of $750.000 to the respondent. Case Name: Jameison Black v The Queen [SVGHCRAP2014/0010] (Saint Vincent and the Grenadines) Date: Tuesday, 20th January 2015 On paper: Appellant: 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 obtain a copy of the conviction from the office of the Director of Public Prosecution and shall make a copy available to this Court within 14 days of the date of this order. 2. The Registrar shall serve a copy of the application for the extension of time on the office of Director of Public Prosecution and shall furnish this Court with proof of service. 3. The application is adjourned to the next sitting of the Court in St. Vincent and the Grenadines during the week commencing 9th February 2015. Case Name: [1] The Chairman and Members of the Public Service Board of Appeal [2] The Attorney General v Joseph DaSilva [SVGHCVAP2014/0012] (Saint Vincent and the Grenadines) Date: Tuesday, 20th January 2015 On paper: Appellants: Hon. Mde. Judith S. Jones-Morgan (Attorney General) Respondent: Mr. Joseph A. Delves Issues: Application for extension of time to file amended notice of appeal, skeleton arguments and record of appeal – Application to deem notice of appeal, skeleton arguments and record of appeal properly filed – Application for stay of execution – Application to strike out application for stay of execution Result / Order & Reason: IT IS HEREBY ORDRED AND DIRECTED THAT: 1. The respondent shall furnish proof of service of the application to strike out the appellants’ application within 7 days of the date of this order. 2. The appellants shall file submissions in response to the respondent’s application to strike out within 14 days of receipt of service of the respondent’s application. 3. The applications are adjourned to the next sitting of the Court in St. Vincent and the Grenadines during the week commencing 9th February 2015. Case Name: Jason Delpesche v The Commission of Police [SVGMCRAP2014/0064] (Saint Vincent and the Grenadines) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for extension of time for leave to appeal Result / Order & Reason: IT IS HEREBY ORDRED THAT: 1. The Registrar of the High Court shall obtain a copy of the conviction from the office of the Director of Public Prosecution and shall make a copy available to this Court within 14 days of today’s date. 2. The Registrar shall serve a copy of the application for the extension of time on the office of the Director of Public Prosecution and shall furnish this Court with proof of service. 3. The application is adjourned to the next sitting of the Court in St. Vincent and the Grenadines during the week commencing 9th February 2015. Case Name: Desmond Llewellyn v Rent and Drive Ltd. [SVGMCVAP2014/0016] (Saint Vincent and the Grenadines) Date: Tuesday, 20th January 2015 On paper: Applicant: The Law Firm of Marks & Marks Issues: Application for extension of time to appeal – Application for stay pending appeal – Application for relief from sanctions for filing late notice of appeal Result / Order & Reason: IT IS HEREBY ORDERED AND DIRECTED THAT: 1. The application for extension of time to file a notice of appeal is granted. 2. The applicant shall file and serve a notice of appeal within 21 days of the date of this order. 3. There being no appeal before this Court at present, the Court declines to consider the application for stay of execution pending appeal. 4. The Court declines to consider the application for relief from sanctions because there are no applicable sanctions for the applicant to be relieved from. Case Name: Jinpeng Group Limited v Peak Hotels and Resorts Limited Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Lucy Hannett (Walkers) Issues: Application for extension of time to file skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT: 1. Leave is granted to the appellant for an extension of time to file skeleton arguments. 2. The appellant shall file and serve skeleton arguments within 7 days of today’s date. Reason: The Court was satisfied that the applicant met the requirements for the grant of an extension of time

CHAMBER HEARING January 2014 Before: The Hon. Mr. Mario Michel, Justice of Appeal MATTERS DEALT WITH ON PAPER Case Name: Sylvan Brooks v Regina [AXAHCRAP2007/0002] (Anguilla) Date: Tuesday, 20th January 2015 On paper: Appellant/ Applicant: In person Respondent: Mr. Gene C. Pestaina (Attorney General’s Chambers) Issues: Application for leave to reinstate notice of appeal Result / Order: IT IS ORDERED AND DIRECTED THAT:

[1]Stanley Casimir

[2]Kern Bruno

[3]Bram Sanderson

[4]Vickson Williams

[5]Raisa Alexander

[6]Caroline Laronde

[7]Alexis Bruno

[8]National Bank of Dominica

[9]Royal Bank of Dominica

[10]Central Cooperative Credit Union Limited

[11]Bank of Nova Scotia

[12]National Cooperative Credit Union Limited

[13]FirstCaribbean International Bank Limited

[14]H.H.V. Whitchurch & Co. Ltd (Western Union, Dominica)

[15]Archipelago Trading (Money Gram)

[16]South East Cooperative Credit Union Limited [DOMHCVAP2014/0004] (Commonwealth of Dominica) Date: Tuesday, 20th January 2014 On paper: Respondent / Applicant Applicants / Respondents: Dyer & Dyer for the first, second and sixth applicant/respondent Issues: Application for leave to appeal – Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The notice of appeal filed by the applicant on 26th November 2007 is hereby reinstated.

2.The Registrar of the High Court shall prepare and make available to the parties the record of the appeal for the appellant’s appeal against sentence on or before 23rd February 2015.

3.The appellant’s appeal against sentence is fixed for hearing by the Court at its next sitting in Anguilla during the week commencing 23rd March 2015. Reason: The Court was satisfied that the appellant met the requirements for the reinstatement of his notice of appeal. Case Name: Anguilla Electricity Company Limited v Anguilla Development Corporation Ltd. [AXAHCVAP2014/0011] (Anguilla) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Jeri Richardson Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted leave to appeal the order of Mathurin J made on 18th December 2014.

2.The applicant shall file and serve the notice of appeal within 21 days of the date of the order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Titus Gabriel Theodore Francis v Noreen Natalie Francis [ANUHCVAP2014/0032] (Antigua and Barbuda) Date: Tuesday, 20th January 2015 On paper: Applicant: Dr. David Dorsett (Watt, Dorsett & Company) Issue: Application for leave to appeal against an interlocutory order Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leaved to appeal is granted.

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

3.Upon the filing and service of the notice of appeal, the appeal shall proceed in accordance with CPR 62.10. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Kenard J. Byron v Eastern Caribbean Amalgamated Bank (ECAB) [ANUHCVAP2012/0010] (Antigua and Barbuda) Date: Tuesday, 20th January 2015 On paper: Appellant / Respondent: Dr. David Dorsett (Watt, Dorsett & Company) Respondent / Applicant: Ms. Tracy Benn-Roberts Issues: Application to strike out notice of appeal and amended notice of appeal – Application for notice of appeal and amended notice of appeal to be deemed properly filed Result / Order: IT IS HEREBY ORDERED AND DIRECTED THAT:

1.The application by the appellant to deem the notice of appeal and the amended notice of appeal to have been properly filed is denied.

2.The application by the respondent to strike out the notice of appeal and the amended notice of appeal is granted.

3.Costs to the respondent in the sum of $750.00 Reason: The Court noted that the appellant’s notice of appeal was filed out of time on 15th May 2012 and that no application was ever made by the appellant to extend the time for filing his notice of appeal. It was only after the filing by the respondent on 13th November 2014 of an application to strike out the appellant’s appeal did the appellant, on 18th November 2014, seek to regularize his notice of appeal. Accordingly, the Court was of the view that because of the non-compliance by the appellant, and inordinate delay by him in rectifying his non-compliance with the rules and procedures in attending the prosecution of an appeal that the application to deem the notice of appeal and the amended notice of appeal properly filed should be denied. Case Name: Director of Public Prosecutions v

1.The application for leave to appeal is granted.

2.The applicant shall file and serve the notice of appeal within 21 days of today’s date.

3.Thereafter the appeal shall proceed in accordance with CPR 62.10. Reason: The Court noted that the application for leave to appeal had not been dealt with by the Court and that the notice of appeal and application to strike out were both premature. However, the Court was satisfied that the applicants/respondents had met the threshold requirements for the grant of leave to appeal. Case Name: Fitzgerald Winston v J. Astaphan & Co. (1970) Ltd. [DOMHCVAP2014/0022] (Commonwealth of Dominica) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Joshua Francis (Joshua Francis Chambers) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal is granted.

2.The applicant shall file his notice of appeal within 21 days of the date of this order. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Liana Leanne Prince Charles v Derrickson Charles [DOMHCVAP2013/0023] (Commonwealth of Dominica) Date: Tuesday, 20th January 2015 On paper: Applicant / Appellant: Dyer & Dyer Respondent: Mrs. Hazel Johnson (de Freitas, de Freitas and Johnson) Issues: Application for stay of execution pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The judgment of Cottle J dated 27th August 2013 is stayed pending the determination of the appeal against the judgment. Reason: The Court noted that there was no objection by the respondent to the application. Case Name:

[1]Police Officer Mervin Charles #258

[2]The Attorney General of the Commonwealth of Dominica v John Ross Registe [DOMHCVAP2014/0033] (Commonwealth of Dominica) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Pearl D. Williams Issues: Application for extension of time to file counter notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall furnish the Court with proof of service of the application on the respondent on or before 31st January 2015.

2.The application is adjourned to the next chamber hearing date of the Court on 17th February 2015. Reason: The Court noted that there was no evidence of service of the application and supporting documents on the respondents to the application. Case Name: Vernon Anthony v Clem C. Boyd [DOMMCVAP2014/0006] (Commonwealth of Dominica) Date: Tuesday, 20th January 2014 On paper: Applicant: Mr. Darius W. Jones Issue: Application for extension of time to appeal Result / Order: IT IS HEREBY ORDERED THAT:

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

2.The applicant shall file and serve the notice of appeal within 14 days of today’s date. Reason: The Court was satisfied that the applicant met the requirements for the grant of an extension of time to appeal. Case Name: John Baptiste v The Queen [GDAHCRAP2014/0010] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issues: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November 2014 against a sentence passed on 16th December 2013 is struck out. Reason: The Court noted that no extension of time had been sought or granted for the filing of an appeal or for an application for leave to appeal the order made on 16th December 2013. Case Name: Willan Nedd v The Queen [GDAHCRAP2014/0011] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for leave to appeal against conviction Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November 2014 is struck out. Reason: The Court noted that no extension of time had been sought or granted for the filing of an appeal or for an application for leave to appeal an order of conviction made on 19th March 2014. Case Name: Troy Cooper v The Queen [GDAHCRAP2014/0012] (Grenada) Date: Tuesday, 20th January 2015 On paper: Appellant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November 2014 against a sentence passed in December 2011 is struck out. Reason: The Court noted that no extension of time was sought or granted for the filing of an appeal or for an application for leave to appeal the order made in December 2011. Case Name: Dave Benjamin v The Queen [GDAHCRAP2014/0013] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for leave to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November against a sentence passed on 2nd July 2014 is struck out. Reason: The Court noted that no extension of time had been sought or granted for the filing of an appeal or for an application for leave to appeal the order made on 2nd July 2014. Case Name: Wayne Charles v The Queen [GDAHCRAP2014/0015] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for leave to appeal against conviction and sentence Result / Order: IT IS HEREBY ORDERED THAT: The notice of appeal or application for leave to appeal filed on 20th November 2014 is struck out. Reason: The Court noted that that no extension of time had been sought or granted for the filing of an appeal or for an application for leave to appeal the order of conviction dated 20th February 2014 and the order of sentence made on 15th April 2014. Case Name: Ashley Augustine v The Queen [GDAHCRAP2014/0014] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for extension of time to appeal against sentence Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant is granted an extension of time within which to appeal against his sentence.

2.The applicant shall file and serve the notice of appeal against his sentence within 21 days of the date of this order. Reason: The Court was satisfied that the applicant met the requirements for the grant of an extension of time. Case Name: Catherine Joseph (also known as Faith Regis) v Maude Campbell [GDAHCVAP2014/0029] (Grenada) Date: Tuesday, 20th January 2015 On paper: Appellant / Applicant: Ms. Sandina Date Osei-Gyau (Grenlaw Chambers) Respondent: Mr. Deloni Edwards (Law Office of E.D. Clyne) Issue: Application for stay pending appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of the order of Ellis J pending the determination of the appeal against the order is hereby granted. Reason: The Court noted that the respondent did not oppose the application for the stay. Case Name: The Attorney General of Grenada v Sherma-Ann Roberts Joseph The Integrity Commission (Not a party to the application) [GDAHCVAP2014/0038] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Dwight Horsford (Solicitor General – Attorney General’s Chambers) Respondent: Mr. Alban M. John (Law Office of Alban M. John) Issues: Application for leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The application for leave to appeal is referred to the Full Court for hearing at its next sitting in Grenada during the week commencing 27th April 2015. Case Name:

[1]Roosevelt Phillip

[2]Rudolph Phillip

[3]Godwin Phillip

[4]Veralyn James nee Philip

[5]Margaret Lee nee Phillip v Festus Alexander [GDAHCVAP2014/0040] (Grenada) Date: Tuesday, 20th January 2015 On paper: Appellants / Applicants: Ms. Afi Ventour de Vega (Afi Ventor & Co.) Issues: Application for extension of time for filing submissions – Application for extension of time for filing affidavits and exhibits Result / Order & Reason: IT IS HEREBY ORDERED AND DIRECTED THAT:

1.Unless the appellant shall furnish the Court within 7 days of today’s date the following: (i) the order of the court granting an extension of time to file the notice of appeal; (ii) the order of court granting leave to appeal; (iii) Proof of service on the respondent of the notice of appeal and application for the extension of time to file submissions;

2.The notice of appeal and application for an extension of time to file submissions shall stand dismissed without further order. Case Name: The Attorney General of Grenada v Denis Thomas [GDAHCVAP2014/0041] (Grenada) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Dwight Horsford (Solicitor General – Attorney General’s Chambers) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal is granted.

2.The applicant shall file and serve the notice of appeal within 21 days of today’s date. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Advocate Publishers (2000) Inc. v Raelene Lazarus [GDAHCVAP2015/0001] (Grenada) Date: Tuesday, 20th January 2015 On paper: Appellant: Ms. Sabrita Khan-Ramdhani (Ramdhani & Associates) Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is adjourned for an oral hearing during the sitting of Court in Grenada during the week commencing 27th April 2015. Reason: The Court was minded to refuse leave. Case Name:

[1]Barbara Hardtman

[2]Laughton Browne

[3]Kirtley Hardtman v Applewaite Lake [SKBHCVAP2014/0033] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicants: Mr. John Cato Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: Hearing of the application is adjourned to the Full Court at the next sitting of the Court in Saint Christopher and Nevis during the week commencing 23rd February 2015. Reason: The Court was minded to refuse granting leave to appeal. Case Name: Caribbean Building Systems (St. Kitts) Ltd First Caribbean International Bank (Barbados) Limited v Colin Parry [SKBHCVAP2014/0025] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Janine Johnson Issues: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against the order of Corbin-Lincoln M [Ag.] dated 7th October 2015 is granted. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Eustace Nisbett v

[1]Alexis Jeffers

[2]Cardell Rawlins

[3]Leon Lescott

[4]Melissa Seabrookes

[5]Juletta Jeffers

[6]Dexter Boncamper [SKBHCVAP2014/0028] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant: Cozier and Associates Issues: Civil appeal – Application to strike out notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application to strike out the notice of appeal filed on 31st October 2014 is granted.

2.Costs to the respondents in the sum of $750.00. Reason: The Court was of the view that the order being appealed was an interlocutory order and as such leave to appeal was required and the respondents had not obtained leave to appeal. Case Name:

[1]Caribbean Building Systems (St. Kitts) Limited v Simon Briggs First Caribbean International Bank (Barbados) Limited [SKBHCVAP2014/0026] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant / First defendant: Ms. Janine Johnson for the applicant/first defendant Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal against the order of Corbin-Lincoln M [Ag.] dated 7th October 2014 is granted. Reason: The Court was satisfied that the applicant/first defendant had met the threshold requirements for the grant of leave to appeal. Case Name: Lindsay Fitz Patrick Grant v

[1]Rupert Herbert

[2]Leroy Benjamin

[3]Wentford Rogers [SKBHCVAP2012/0001] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Appellant: Ms. Marguerite A. Foreman (Seaton & Foreman) Issue: Application for extension of time to file skeleton arguments in support of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The appellant is granted an extension of time to file and serve skeleton arguments in support of the appeal.

2.The appellant shall file and serve skeleton arguments in support of his appeal within 21 days of the date of this order.

3.Upon filing and service of the appellant’s skeleton arguments, the appeal shall proceed thereafter in accordance with Part 62 of the CPR. Reason: The Court was satisfied that the appellant met the requirements for the grant of an extension of time. Case Name: IN THE MATTER of SRP, LLC a limited liability Company formed under the Nevis Limited Liability Company Ordinance 1995 and IN THE MATTER of an application by PAUL B. TARTELL M.D., AND IRWIN GEDULD the Trustee of the 1996 Tartell Family Irrevocable Trust, and the 2002 Paul B. Tartell Family Trust, members of the Company, for and Order for its Judicial Dissolution pursuance to Section 52 of the aforesaid Ordinance [SKBHCVAP2014/0029] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Lindsay F.P. Grant (Grant, Powell and Co.) Respondent: Ms. Midge A. Morton (Morton Robinson, L.P.) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDRED THAT: The application for leave to appeal against the order of Williams J dated 6th October 2014 is granted. Reason: The Court was satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Luxury Hotels International Management St. Kitts Limited (formerly Marriot St. Kitts Management Company, Inc.) v Denise Violet Stevens [SKBHCVAP2015/0001] (Saint Christopher and Nevis) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Elizabeth Harper (Daniel, Brantley & Associates) Issues: Application for extension of time to appeal for leave to appeal – Application for leave to appeal – Application for stay pending appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time for the filing of the application for leave to appeal is granted.

2.The application for leave to appeal the order of the Master is granted.

3.The applicant shall file and serve the notice of appeal within 14 days of the date of this order.

4.There being no appeal before this Court at present, the Court declines to consider the application for a stay pending the determination of the appeal. Reason: The Court was of the view that the applicant had met the requirements for the grant of an extension of time for the filing of an application for leave to appeal and was also satisfied that the applicant had met the threshold requirements for the grant of leave to appeal. Case Name: Bernard Auguste v Ian Joseph [SLUHCVAP2013/0008] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Edith Petra Jeffery-Nelson (Greene Nelson & Associates) Issue: Application for leave to withdraw as attorney for respondent Result / Order & Reason: IT IS HEREBY ORDERED THAT:

1.In accordance with CPR 63.6(2), the applicant (Edith Petra Jeffrey-Nelson) shall provide proof of service of the notice of application on all parties, including the respondent (Ian Joseph).

2.In accordance with CPR 63.6(3), the applicant shall provide proof of service on the respondent of the affidavit in support of the application for leave to withdraw.

3.The application for leave to withdraw as attorney at law for the respondent is adjourned for hearing by the Full Court during the week commencing Monday 26th January 2015, together with the application for leave to amend grounds of appeal. Reason: Case Name:

[1]Dr. Martin G.C. Didier

[2]Dr. Kannan Mathiprakasam

[3]Dr. Guruswamy Ramachandrappa v Royal Caribbean Cruises Ltd. [SLUHCVAP2012/0024] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicants: Mr. Geoffrey DuBoulay (Floissac Fleming & Associates) Issue: Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for leave to appeal is granted.

2.The applicant shall file and serve a notice of appeal within 21 days of today’s order, thereafter the appeal shall proceed in accordance with CPR 62.10. Reason: The Court was satisfied that the applicants met the threshold requirements for the grant of leave to appeal. Case Name: Lazarus Paul v

[1]Raquel Willie-Trotman

[2]Douglas Trotman

[3]Teferi Trotman minor acting and represented by his mother Raquel Willie-Trotman [SLUHCVAP2013/0028] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicant: Mr. Gerard R. Williams (The Law Offices of Gerard R. Williams) Respondents: Ms. Waueen Louis-Harris Issues: Application for dismissal of application of leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The applications herein for (1) leave to appeal filed on 31st October 2013 and (2) for dismissal of the application for leave to appeal filed on 31st December 2014 are scheduled for hearing at the sitting of the Court in Saint Lucia on Thursday 29th January 2015. Case Name: Michael Medar v Marie Antoinette Pauline Medar (Nee James) [SLUHCVAP2014/0025] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicants: Mr. Dexter Theodore (Theodore & Associates) Respondent: Ms. Esther Greene-Ernest (Greene, Nelson & Associates) Issues: Application for extension of time to appeal – Application for relief from sanctions Result / Order & Reason: IT IS HEREBY ORDERED THAT: The application is adjourned to the next chamber hearing date on 17th February 2015. Case Name:

[1]Maria Jules

[2]Robert Louis v Mathilda Matthews [SLUHCVAP2014/0027] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicants: Mr. Sandy John Respondent: Issues: Application for leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT:

1.The applicant shall file a copy of the order being appealed within 7 days of today’s date.

2.The application is adjourned to the next chamber hearing date on 17th February 2015. Case Name:

[1]Gerald Beausoliel

[2]Mary Beausoliel representing the succession of Anne Mary Cecile Beausoliel v

[1]Bartholomew Sylvester

[2]Julien Sylvester [SLUHCVAP2014/0026] (Saint Lucia) Date: Tuesday, 20th January 2015 On paper: Applicants: Ms. Edith Petra Jeffery-Nelson (Greene, Nelson & Associates) Respondents: Mr. Huggins Nicholas Issues: Application for stay of execution Result / Order & Reason: IT IS HEREBY ORDERED THAT: Unless the appellant furnishes the Court with the order granting leave to appeal within 7 days of today’s order, the notice of appeal and application for stay of execution shall stand dismissed with costs in the sum of $750.000 to the respondent. Case Name: Jameison Black v The Queen [SVGHCRAP2014/0010] (Saint Vincent and the Grenadines) Date: Tuesday, 20th January 2015 On paper: Appellant: 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 obtain a copy of the conviction from the office of the Director of Public Prosecution and shall make a copy available to this Court within 14 days of the date of this order.

2.The Registrar shall serve a copy of the application for the extension of time on the office of Director of Public Prosecution and shall furnish this Court with proof of service.

3.The application is adjourned to the next sitting of the Court in St. Vincent and the Grenadines during the week commencing 9th February 2015. Case Name:

[1]The Chairman and Members of the Public Service Board of Appeal

[2]The Attorney General v Joseph DaSilva [SVGHCVAP2014/0012] (Saint Vincent and the Grenadines) Date: Tuesday, 20th January 2015 On paper: Appellants: Hon. Mde. Judith S. Jones-Morgan (Attorney General) Respondent: Mr. Joseph A. Delves Issues: Application for extension of time to file amended notice of appeal, skeleton arguments and record of appeal – Application to deem notice of appeal, skeleton arguments and record of appeal properly filed – Application for stay of execution – Application to strike out application for stay of execution Result / Order & Reason: IT IS HEREBY ORDRED AND DIRECTED THAT:

1.The respondent shall furnish proof of service of the application to strike out the appellants’ application within 7 days of the date of this order.

2.The appellants shall file submissions in response to the respondent’s application to strike out within 14 days of receipt of service of the respondent’s application.

3.The applications are adjourned to the next sitting of the Court in St. Vincent and the Grenadines during the week commencing 9th February 2015. Case Name: Jason Delpesche v The Commission of Police [SVGMCRAP2014/0064] (Saint Vincent and the Grenadines) Date: Tuesday, 20th January 2015 On paper: Applicant: In person Issue: Application for extension of time for leave to appeal Result / Order & Reason: IT IS HEREBY ORDRED THAT:

1.The Registrar of the High Court shall obtain a copy of the conviction from the office of the Director of Public Prosecution and shall make a copy available to this Court within 14 days of today’s date.

2.The Registrar shall serve a copy of the application for the extension of time on the office of the Director of Public Prosecution and shall furnish this Court with proof of service.

3.The application is adjourned to the next sitting of the Court in St. Vincent and the Grenadines during the week commencing 9th February 2015. Case Name: Desmond Llewellyn v Rent and Drive Ltd. [SVGMCVAP2014/0016] (Saint Vincent and the Grenadines) Date: Tuesday, 20th January 2015 On paper: Applicant: The Law Firm of Marks & Marks Issues: Application for extension of time to appeal – Application for stay pending appeal – Application for relief from sanctions for filing late notice of appeal Result / Order & Reason: IT IS HEREBY ORDERED AND DIRECTED THAT:

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

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

3.There being no appeal before this Court at present, the Court declines to consider the application for stay of execution pending appeal.

4.The Court declines to consider the application for relief from sanctions because there are no applicable sanctions for the applicant to be relieved from. Case Name: Jinpeng Group Limited v Peak Hotels and Resorts Limited Date: Tuesday, 20th January 2015 On paper: Applicant: Ms. Lucy Hannett (Walkers) Issues: Application for extension of time to file skeleton arguments Result / Order: IT IS HEREBY ORDERED THAT:

1.Leave is granted to the appellant for an extension of time to file skeleton arguments.

2.The appellant shall file and serve skeleton arguments within 7 days of today’s date. Reason: The Court was satisfied that the applicant met the requirements for the grant of an extension of time