December 2014

CHAMBER HEARING December 2014 Before: The Hon. Mde. Gertel Thom, Justice of Appeal MATTERS DEALT WITH ON PAPER Case Name: Sylvan Brooks v Regina [AXAHCRAP2007/0002] (Anguilla) Date: Thursday, 18th December 2014 Appearances: Appellant/ Applicant: In person Respondent: Director of Public Prosecutions Issues: Criminal appeal – Application for leave to reinstate notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The Registrar of the High Court shall serve a copy of the application and affidavit in support on the Director of Public Prosecutions and provide proof of such service on or before 7th January 2014. 2. Consideration of the application is adjourned to the next Chamber hearing scheduled for 20th January 2015. Reason: The Court noted that the appellant/applicant withdrew his notice of appeal, but subsequently filed a notice of application for leave to reinstate the notice of appeal with supporting affidavit on 29th October 2014, however the application to reinstate the appeal was not served on the respondent. Case Name: Thornton Tomasetti, Inc. v Anguilla Development Corporation Ltd. [AXAHCVAP2014/0008] (Anguilla) Date: Thursday, 18th December 2014 Appearances: Applicant: Ms. Shaniel Hunter (Chancery Lane Chambers) Respondent: Tara Carter & Associates Issue: Civil appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of Master Taylor-Alexander dated 21st October 2014 pending the hearing and determination of the appeal is granted. Reason: The Court was of the view that the requirements for the grant of a stay of execution had been met and that the applicant had shown that there was a risk of injustice to them if the stay were not granted. Case Name: Davis Macpherson Smith v

[1]The Anguilla Registrar of Lands

[2]The Attorney General of Anguilla

[3]Thelsen Lanston Connor

[4]Keesha Carty [AXAHCVAP2014/0010] (Anguilla) Date: Thursday, 18th December 2014 Appearances: Appellant: Ms. Jenny Lindsay (Jenny Lindsay & Associates) Respondents: Issues: Civil appeal – Application for extension of time for leave to appeal – Application for leave to appeal – Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time to file an application for leave to appeal and for stay pending the hearing and determination of the appeal and for extension of time to pay the costs is dismissed. 2. No order as to costs. Reason: The Court was of the view that although the delay in making the application for extension of time was not inordinate, the application for leave had not satisfied the requirement for granting leave. The applicant had not shown any reasonable prospect of success. Case Name: Fitzgerald Winston v J. Astaphan & Co. (1970) Ltd. [DOMHCVAP2014/0022] (Commonwealth of Dominica) Date: Thursday, 18th December 2014 Appearances: Applicant: Mr. Joshua Francis Respondent: De Freitas, De Freitas and Johnson Chambers Issue: Civil appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall forward to the Court’s Headquarters a copy of the application for relief from sanctions and to deem the Witness Statement properly filed which was before Thomas J on 25th July 2014 on or before 12th January 2015. 2. The application is adjourned for further consideration to the next Chamber Hearing on 20th January 2015. Reason: The Court noted that the order of Thomas J dated 25th July 2014 did not contain reasons and adjourned the matter to obtain a copy of the application being appealed from the court below. Case Name: Grenada Property Management Limited v Primati Noe Papaya Industries Limited [GDAHCVAP2014/0033] (Grenada) Date: Thursday, 18th December 2014 Appearances: Applicant: Justis Chambers Respondents: Mr. Deloni Edwards (Law Office of George E. D. Clyne) Issues: Civil appeal – Application for extension of time to file application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time to file an application for leave to appeal is refused. 2. The applicant shall pay costs in the sum of $1,000.00 to the respondents. Reason: The Court was of the view that the requirements for the grant of an extension of time as set out in John Cecil Rose v Anne Marie Rose SLUHCVAP2003/0019 had not been satisfied. There was inordinate delay in making the application. The application was made approximately two months after the order and the respondent’s application for assessment of damages were served on the applicant. The affidavits in support of the application did not contain any good reasons for the delay. Case Name: Peter Thomas v [1] Desireen Douglas [2] Anthony Douglas [3] Angella Douglas [GDAHCVAP2014/0036] (Grenada) Date: Thursday, 18th December 2014 Appearances: Applicant: Ms. Sabrita Khan-Ramdhani (Ramdhani & Associates) Respondents: Mr. Deloni Edwards (Law Office of George E. D. Clyne) Issues: Civil appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is adjourned to the next Chamber hearing scheduled for 20th January 2015 for hearing before a single judge. Reason: The Court was minded to refuse leave in accordance with CPR 62.2(5). Case Name: Rodney Mc Burnie v Jerome Mc Burnie [GDAHCVAP2014/0037] (Grenada) Date: Thursday, 18th December 2014 Appearances: Applicant: Ms. Sabrita Khan-Ramdhani (Ramdhani & Associates) Respondent: Amicus Attorneys Issues: Application for stay of execution Result / Order: IT IS HEREBY ORDERED THAT: The application for a stay of execution of the order of Gilford J made on 27th October 2014 pending the hearing and determination of the appeal is granted. Reason: The Court was satisfied that the applicant had satisfied the threshold requirements for the grant of a stay and had shown that there would be a real injustice to him and that he would suffer ruin were the stay to be refused. 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: Thursday, 18th December 2014 Appearances: Applicant: Mr. Dwight Horsford (Solicitor General – Attorney General’s Chambers) Respondent: Mr. Alban John (Law Office of Alban John) Issues: Civil appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The applicant shall forward to the Court’s Headquarters copies of (1) the pleadings in GDAHCV2014/0211 which were before the learned judge at the date of hearing of the application to be removed as a party and (2) the application and supporting documents to be removed as a party on or before 8th January 2014. 2. The applicant shall provide a copy of the judgment being appealed on or before 8th January 2014. Reason: The Court noted that the order or judgment being appeal against had not been filed and that there was no evidence of service of the application on the respondent. Case Name: [1] Moses Joseph [2] St. Lawrence Matty [3] Matthew Matty [4] Patrick Lubrin

[5]Earl Bernard

[6]Antoine Fanis v Alicia Francois (Administratrix of the estate of Jacob Fanus) [SLUHCVAP2011/0025] (Saint Lucia) Date: Thursday, 18th December 2014 Appearances: Appellants / Applicants: Mr. Horace Fraser (Fraser & Company) Respondent: Mr. Vern Gill Issues: Civil appeal – Application for leave to amend grounds of appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The application to amend the grounds of appeal is adjourned to the Full Court sitting in Saint Lucia commencing the week of 26th January 2015. Case Name: Bernard Auguste v Ian Joseph [SLUHCVAP2013/0008] (Saint Lucia) Date: Thursday, 18th December 2014 Appearances: Appellant: Mr. Horace Fraser (Fraser & Company) Respondent: Ms. Edith Petra Jeffery-Nelson (Greene, Nelson & Associates) Issues: Civil appeal – Application for leave to amend grounds of appeal – Application for leave to withdraw as attorney for respondent Result / Order & Reasons: IT IS HEREBY ORDERED THAT: 1. The applicant, Mrs. Edith Petra Jeffrey-Nelson shall serve and file evidence of service of the application for leave to withdraw as attorney at law on all parties as required by CPR 63.6(2) on or before 16th January 2015. 2. The appellant shall serve a copy of the application for leave to amend the grounds of appeal on the respondent personally on or before 16th January 2015 and file evidence of such service. 3. Consideration of the application for leave to withdraw as attorney at law for the respondent is adjourned to the next Chamber Hearing scheduled for 20th January 2015. 4. Consideration of the application for leave to amend the grounds of appeal is adjourned to the Full Court sitting in Saint Lucia commencing during the week of 26th January 2015. Case Name: Fast Kaz Auto Supplies Limited Curtis Hudson v The Attorney General [SLUHCVAP2014/0021] (Saint Lucia) Date: Thursday, 18th December 2014 On paper: Applicants: Mr. Horace Fraser (Fraser & Company) Respondent: The Attorney General (Attorney General’s Chambers) Issues: Civil appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal the decision of the learned master dated 7th November 2014 is granted. Reason: The Court was of the view that the threshold requirements for the grant of leave were met. Case Name: Kenian Frederick v The Queen [SLUHCRAP2014/0006] (Saint Lucia) Date: Thursday, 18th December 2014 On paper: Appellant: Mr. Shawn Innocent Respondent: Mr. S. Stephen Brette (Office of Director of Public Prosecutions) Issues: Application bail for pending appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for bail pending appeal is refused. 2. The Registrar of the High Court shall forthwith take the necessary steps to prepare the record of appeal in this appeal. Reason: The Court was of the view that there were no exceptional circumstances shown by the applicant for the grant of bail pending appeal. Case Name: Christopher St Rose v PC 860 Bruce Bart [SLUMCRAP2014/0016] [SLUCRD2014/0726] (Saint Lucia) Date: Thursday, 18th December 2014 On paper: Appellant: Ms. Donna Jacobie (The Jacobian Law Office) Respondent: Director of Public Prosecutions Issues: Application for bail pending appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for bail pending appeal is dismissed as it is unnecessary. 2. The appellant shall be released upon signing the necessary recognizance as determined by a magistrate. 3. The Registrar of The High Court shall serve a copy of this order on the Director of the Bordelais Correctional Facility. Reason: The Court noted section 723 of the Criminal Code which provides that an appeal when filed has the effect of suspending the execution of the decision appealed against, until the appeal has been determined by the Court of Appeal and that the procedure to secure the release of a person who has filed an appeal in a magisterial cause is detailed in the Criminal Code and that there is no need to file an application for bail. Case Name: George Mathurin v Irvin Ferdinand David Andrew Charles Ferdinand [SLUHCVAP2014/0007] (Saint Lucia) Date: Thursday, 18th December 2014 On paper: Appellant: Mr. Horace Fraser (Fraser & Company) Respondent: Mrs. Esther Greene-Ernest (Greene, Nelson & Associates) Issue: Civil appeal – Application for extension of time to compile and file record of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The appellant is granted an extension of time to compile and file the record of appeal. 2. The record of appeal is to be filed and served on or before 12th January 2015. 3. No order as to costs. Reason: The Court was of the view that the appellant satisfied the requirements for the grant of an extension of time. Case Name: Roland Hooper v The Queen [SVGHCRAP2012/0032] (Saint Vincent and the Grenadines) Date: Thursday, 18th December 2014 On paper: Appellant / Applicant: In person Respondent: Director of Public Prosecutions Issue: Criminal appeal – Application for additional grounds of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. A copy of the letters dated 19th and 29th September 2014 is to be served on the Director of Public Prosecutions by way of email by the Chief Registrar on or before 29th December 2014. 2. The Director of Public Prosecutions shall file submissions in response to the application to add additional grounds of appeal on or before 12th January 2014. 3. The application is adjourned for consideration to the sitting of the Full Court in Saint Vincent and the Grenadines scheduled for the week commencing 9th February 2014. Case Name: Austin Mc Dowald v The Queen [SVGHCRAP2012/0020] (Saint Vincent and the Grenadines) Date: Thursday, 18th December 2014 On paper: Appellant: In person Respondent: Director of Public Prosecutions Issue: Application to add additional grounds of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. A copy of the letter dated 1st October 2014 is to be served on the Director of Public Prosecutions by way of email by the Chief Registrar on or before 29th December 2014. 2. The Director of Public Prosecutions shall file submissions in response to the application to add additional grounds of appeal on or before 12th January 2014. 3. The application is adjourned for consideration to the sitting of the Full Court in St. Vincent and the Grenadines scheduled for the week commencing 9th February 2014. Case Name: [1] Ayton Limited [2] Corporate Directors Limited [3] St Vincent Trust Service Limited [4] Lex Services Limited v Andrew Popely [SVGHCVAP2012/0007] (Saint Vincent and the Grenadines) Date: Thursday, 18th December 2014 On paper: Appellant/ Applicant: Mr. G. Grahame Bollers (Regal Chambers) Appellants Respondent: Elizabeth Law Chambers Issue: Application to remove name of Ayton Limited as an appellant Result / Order: IT IS HEREBY ORDERED THAT: 1. The first appellant is removed as a party to the notice of appeal filed on 29th November 2012. 2. No order as to costs. Reason: The Court noted the second and third appellants indicated their non-objection to the application made by the first appellant. Case Name: Owyn Jackson v The Queen [SVGHCRAP2013/0003] (Saint Vincent and the Grenadines) Date: Thursday, 18th December 2014 On paper: Appellant / Applicant: In person Respondent: Director of Public Prosecutions Issue: Application for bail Result / Order: IT IS HEREBY ORDERED THAT: The application for bail pending appeal is refused. Reason: The Court was of the opinion that the application for bail did not disclose any exceptional circumstances. Case Name: Morslin Sutherland v Denise Sutherland nee Carlos (Administratrix of the Estate of Neville Sutherland by her lawful Attorney on Record Allan Anthony Sutherland) [SVGHCVAP2014/0013] (Saint Vincent and the Grenadines) Date: Thursday, 18th December 2014 On paper: Appellant / Respondent: Dougan York & Co. Respondent / Mr. S. Sten Mc N. Sargeant (Williams & Williams Law Applicant: Chambers) Issues: Civil appeal – Application to strike out of notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The notice of appeal having been filed without leave of the Court is a nullity. 2. The application to strike out the notice of appeal filed on 25th September 2014 is granted. 3. Costs in the sum of $1000.00 to be paid by the appellant to the respondent. Reason: The Court was of the view that the order being appealed against was an interlocutory order and as such required leave of the court to be appealed against. Case Name: Lemon Grove Company Limited v Arthur Leaman (Deceased) First Caribbean International Bank (Barbados) Limited [SKBHCVAP2014/0030] (Saint Christopher and Nevis) Date: Thursday, 18th December 2014 On paper: Applicant: Mr. Kevin Andrew Horstwood (Registered Director, Lemon Grove Company Limited) Respondents: Ms. Kalisia Isaacs (Myrna R. Walwyn & Associates) for the second respondent Issues: Civil appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is dismissed. Reason: The Court noted that the time for making an application for leave to appeal the judgment had expired, and noted further that no application had been made for an extension of time. Case Name: IIN THE MATTER of SSRP, 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 an Order for its Judicial Dissolution pursuance to Section 52 of the aforesaid Ordinance [SKBHCVAP2014/0029] (Saint Christopher and Nevis) Date: Thursday, 18th December 2014 On paper: Applicants: Ms. Suzy St. Brice (Grant, Powell and Co.) Respondent: Ms. Midge Morton (Morton Robinson, L.P.) Issues: Civil appeal – Application for extension of time to apply for leave to appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for extension of time to file an application for leave to appeal is granted. 2. The applicant shall file the application for leave to appeal within 7 days of today’s date. Reason: The Court was of the view that the applicant had met the requirements for grant of an extension of time. Case Name: Eustace Nisbett v Alexis Jeffers Cardell Rawlins Leon Lescott Melissa Seabrookes Juletta Jeffers Dexter Boncamper [SKBHCVAP2014/0028] (Saint Christopher and Nevis) Date: Thursday, 18th December 2014 On paper: Appellant: Cozier and Associates Respondents: Theodore L. Hobson & Associates Issues: Application to strike out notice of appeal – Application for notice of appeal to be deemed a nullity Result / Order: IT IS HEREBY ORDERED THAT: 1. The respondent/applicant is to file evidence of service of the application on the appellant on or before 12th January 2015. Consideration of the application to strike out the appeal is adjourned to the next Chamber hearing scheduled for 20th January 2015. Reason: The Court noted that there was no evidence of service of the application to strike out on the appellant. Case Name: Balmain Asia Limited v SHRM Trustees (BVI) Limited [BVIHCVAP2014/0007] (Territory of the Virgin Islands) Date: Thursday, 18th December 2014 On paper: Applicant: Mr. Ian Mann (Harney Westwood & Riegels) Respondent: Issues: Civil appeal – Application for leave to appeal Result / Order & Reason: IT IS HEREBY ORDERED THAT: The application for leave to appeal is accordingly withdrawn and dismissed. Case Name: Abdel-Karim Taher Itum v [1] Sami Kteily [2] Adib Kouteili [3] P. E. B. (Indochina) Limited [BVIHCMAP2014/0028] (Territory of the Virgin Islands) Date: Thursday, 18th December 2014 On paper: Applicant: Forbes Hare Respondents: Harney Westwood & Riegels Issues: Civil appeal – Application for leave to appeal Result / Order: IT IS HEREBY ORDERED THAT: The application for leave to appeal is adjourned for an oral hearing before the Full Court at the sitting scheduled for the week commencing 12th January 2015 in the Territory of the Virgin Islands. Reason: The Court was minded to refuse leave in accordance with rule 62.2(5) of the Civil Procedure Rules 2000. Case Name: Margaret Greene (nee Jones) v Lorn C. Greene [BVIHCVAP2014/0006] (Territory of the Virgin Islands) Date: Thursday, 18th December 2014 On paper: Appellant: Dancia Penn & Co. Respondent: Ms. Marie-Lou D. Creque Issues: Civil appeal – Application to strike out appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The notice of appeal filed on 31st July 2014 having been filed without the leave of the court is a nullity and is accordingly dismissed. 2. The application to strike out the notice of appeal is accordingly granted. 3. Costs to the respondent in the sum of $1,000.00. Reason: The Court noted that the order being appealed against was an interlocutory and not a final order, and as such required leave to be appealed against.