143,540 judgment pages 132,515 public-register pages 276,055 total pages

8th April 2013

2013-04-08
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10537
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/akn/ecsc/ecsc/digest/2013/digest/8th-april-2013-territory-of-the-virgin-islands/post-10537
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TELECONFERENCE TERRITORY OF THE VIRGIN ISLANDS 8th April 2013 APPLICATIONS AND APPEALS Case Name:

[1]Chemtrade Limited v

[2]Fuchs Oil Middle East Limited

[3]Fuchs Petrolub AG [High Court Civil Appeal No. 4 of 2013] Before: The Hon. Mde. Janice M. Pereira, Chief Justice Appearances: Appellant: Mr. Victor Joffe, QC with him Mr. Ian Mann, Mr. Lynton Tucker and Ms. Coleen Farrington Respondent: No appearance of and for the first respondent Mr. George Bompus, QC with him Mr. Claudio Rebeker, Mr. Jerry Samuel and Mr. Adam Holliman for the second respondent Issues: Case management – Directions hearing – Unfair prejudice proceedings Result / Order: [Oral delivery] 1. The appellant shall by 4:00 p.m. on 15th April 2013: (a) Refile the record (with a revised index) so that all items added to the record since it was originally filed shall be inserted into the record at the appropriate place instead of being comprised in a supplemental bundle. (b) Refile the core bundle (with a revised index) so as to add the sealed Order of Justice Bannister dated 12th March 2013. 2. The time for the filing and service of the respondent’s skeleton argument pursuant to CPR 62.11(2) is extended to 4:00 p.m. on 7th May 2013. 3. The time for the filing and service of the appellant’s skeleton argument in reply (if any) pursuant to CPR 62.11(3) is extended to 4:00 p.m. on 28th May 2013. 4. A further case management conference (to be held jointly with a further case management conference in Civil Appeal No. 5 of 2013) shall be conducted on 18th June 2013 at 10:00 a.m. by telephone at which time, (in addition to any others) directions will be given as to the length of time to be allocated to the hearing of the appeal. 5. The appeal is to be listed jointly with Civil Appeal No. 5 of 2013 to commence either on [2nd] July 2013 or 15th July 2013 (to be confirmed by the Court) with Civil Appeal No. 5 of 2013 to be heard first in order of time. Case Name: [1] Sheikh Abdullah Ali Alhamrani v [1] Sheikh Mohamed Ali M. Alhamrani [2] Sheikh Siraj Ali M. Alhamrani [3] Sheikh Khaild Ali M. Alhamrani

[4]Sheikh Mohamed Ali M. Alhamrani as representative of the late Sheikh Abdulaziz Ali M. Alhamrani

[5]Sheikh Ahmed Ali M. Alhamrani

[6]Sheikh Fahad Ali M. Alhamrani [High Court Civil Appeal No. 5 of 2013] Before: The Hon. Mde. Janice M. Pereira, Chief Justice Appearances: Appellant: Mr. Victor Joffe, QC with him Mr Lynton Tucker, Mr. Ian Mann and Ms. Coleen Farrington Respondent: Ms. Elizabeth Jones, QC with her Mr. Jack Husbands Issues: Case management – Directions hearing – Unfair prejudice proceedings Result / Order: [Oral delivery] 1. The appellant to file a further copy of the record (including the core bundle) with the Registry in the Virgin Islands by 4:00 p.m. on 17th June 2013. 2. The time for the filing and service of the respondents’ skeleton argument pursuant to CPR 62.11(2) is extended to 4:00 p.m. on 7th May 2013. 3. The time for the filing and service of the appellant’s skeleton argument in reply (if any) pursuant to CPR 62.11(3) is extended to 4:00 p.m. on 28th May 2013. 4. A further case management conference (to be held jointly with a further case management conference in Civil Appeal No. 4 of 2013) shall be conducted at 10:00 am on 18th June 2013 by telephone at which time, (in addition to any others) directions will be given as to the length of time to be allocated to the hearing of the appeal. 5. Civil Appeal No. 5 of 2013 to be listed jointly with Civil Appeal No. 4 of 2013 to commence either on [2nd] July 2013 or 15th July 2013 (to be confirmed by the Court) with Civil Appeal No. 5 to be heard first in order of time. 6. The respondents’ application of 25th February 2013 to be considered as withdrawn and the respondents and the appellant to agree the incidence of costs of that application by 4:00 p.m. on 23rd April 2013, failing such agreement the matter to be determined at the case management conference on 18th June 2013.

TELECONFERENCE TERRITORY OF THE VIRGIN ISLANDS 8th April 2013 APPLICATIONS AND APPEALS Case Name:

[1]Chemtrade Limited v

[2]Fuchs Oil Middle East Limited

[3]Fuchs Petrolub AG [High Court Civil Appeal No. 4 of 2013] Before: The Hon. Mde. Janice M. Pereira, Chief Justice Appearances: Appellant: Mr. Victor Joffe, QC with him Mr. Ian Mann, Mr. Lynton Tucker and Ms. Coleen Farrington Respondent: No appearance of and for the first respondent Mr. George Bompus, QC with him Mr. Claudio Rebeker, Mr. Jerry Samuel and Mr. Adam Holliman for the second respondent Issues: Case management – Directions hearing – Unfair prejudice proceedings Result / Order: [Oral delivery]

1.The appellant shall by 4:00 p.m. on 15th April 2013: (a) Refile the record (with a revised index) so that all items added to the record since it was originally filed shall be inserted into the record at the appropriate place instead of being comprised in a supplemental bundle. (b) Refile the core bundle (with a revised index) so as to add the sealed Order of Justice Bannister dated 12th March 2013.

2.The time for the filing and service of the respondent’s skeleton argument pursuant to CPR

62.11(2) is extended to 4:00 p.m. on 7th May 2013.

3.The time for the filing and service of the appellant’s skeleton argument in reply (if any) pursuant to CPR 62.11(3) is extended to 4:00 p.m. on 28th May 2013.

4.A further case management conference (to be held jointly with a further case management conference in Civil Appeal No. 5 of 2013) shall be conducted on 18th June 2013 at 10:00 a.m. by telephone at which time, (in addition to any others) directions will be given as to the length of time to be allocated to the hearing of the appeal.

5.The appeal is to be listed jointly with Civil Appeal No. 5 of 2013 to commence either on [2nd] July 2013 or 15th July 2013 (to be confirmed by the Court) with Civil Appeal No. 5 of 2013 to be heard first in order of time. Case Name:

[1]Sheikh Abdullah Ali Alhamrani v

[1]Sheikh Mohamed Ali M. Alhamrani

[2]Sheikh Siraj Ali M. Alhamrani

[3]Sheikh Khaild Ali M. Alhamrani

[4]Sheikh Mohamed Ali M. Alhamrani as representative of the late Sheikh Abdulaziz Ali M. Alhamrani

[5]Sheikh Ahmed Ali M. Alhamrani

[6]Sheikh Fahad Ali M. Alhamrani [High Court Civil Appeal No. 5 of 2013] Before: The Hon. Mde. Janice M. Pereira, Chief Justice Appearances: Appellant: Mr. Victor Joffe, QC with him Mr Lynton Tucker, Mr. Ian Mann and Ms. Coleen Farrington Respondent: Ms. Elizabeth Jones, QC with her Mr. Jack Husbands Issues: Case management – Directions hearing – Unfair prejudice proceedings Result / Order: [Oral delivery]

1.The appellant to file a further copy of the record (including the core bundle) with the Registry in the Virgin Islands by 4:00 p.m. on 17th June 2013.

2.The time for the filing and service of the respondents’ skeleton argument pursuant to CPR

62.11(2) is extended to 4:00 p.m. on 7th May 2013.

3.The time for the filing and service of the appellant’s skeleton argument in reply (if any) pursuant to CPR 62.11(3) is extended to 4:00 p.m. on 28th May 2013.

4.A further case management conference (to be held jointly with a further case management conference in Civil Appeal No. 4 of 2013) shall be conducted at 10:00 am on 18th June 2013 by telephone at which time, (in addition to any others) directions will be given as to the length of time to be allocated to the hearing of the appeal.

5.Civil Appeal No. 5 of 2013 to be listed jointly with Civil Appeal No. 4 of 2013 to commence either on [2nd] July 2013 or 15th July 2013 (to be confirmed by the Court) with Civil Appeal No. 5 to be heard first in order of time.

6.The respondents’ application of 25th February 2013 to be considered as withdrawn and the respondents and the appellant to agree the incidence of costs of that application by 4:00 p.m. on 23rd April 2013, failing such agreement the matter to be determined at the case management conference on 18th June 2013.

PDF extraction

TELECONFERENCE TERRITORY OF THE VIRGIN ISLANDS 8th April 2013 APPLICATIONS AND APPEALS Case Name:

[1]Chemtrade Limited v

[2]Fuchs Oil Middle East Limited

[3]Fuchs Petrolub AG [High Court Civil Appeal No. 4 of 2013] Before: The Hon. Mde. Janice M. Pereira, Chief Justice Appearances: Appellant: Mr. Victor Joffe, QC with him Mr. Ian Mann, Mr. Lynton Tucker and Ms. Coleen Farrington Respondent: No appearance of and for the first respondent Mr. George Bompus, QC with him Mr. Claudio Rebeker, Mr. Jerry Samuel and Mr. Adam Holliman for the second respondent Issues: Case management – Directions hearing – Unfair prejudice proceedings Result / Order: [Oral delivery] 1. The appellant shall by 4:00 p.m. on 15th April 2013: (a) Refile the record (with a revised index) so that all items added to the record since it was originally filed shall be inserted into the record at the appropriate place instead of being comprised in a supplemental bundle. (b) Refile the core bundle (with a revised index) so as to add the sealed Order of Justice Bannister dated 12th March 2013. 2. The time for the filing and service of the respondent’s skeleton argument pursuant to CPR 62.11(2) is extended to 4:00 p.m. on 7th May 2013. 3. The time for the filing and service of the appellant’s skeleton argument in reply (if any) pursuant to CPR 62.11(3) is extended to 4:00 p.m. on 28th May 2013. 4. A further case management conference (to be held jointly with a further case management conference in Civil Appeal No. 5 of 2013) shall be conducted on 18th June 2013 at 10:00 a.m. by telephone at which time, (in addition to any others) directions will be given as to the length of time to be allocated to the hearing of the appeal. 5. The appeal is to be listed jointly with Civil Appeal No. 5 of 2013 to commence either on [2nd] July 2013 or 15th July 2013 (to be confirmed by the Court) with Civil Appeal No. 5 of 2013 to be heard first in order of time. Case Name: [1] Sheikh Abdullah Ali Alhamrani v [1] Sheikh Mohamed Ali M. Alhamrani [2] Sheikh Siraj Ali M. Alhamrani [3] Sheikh Khaild Ali M. Alhamrani

[4]Sheikh Mohamed Ali M. Alhamrani as representative of the late Sheikh Abdulaziz Ali M. Alhamrani

[5]Sheikh Ahmed Ali M. Alhamrani

[6]Sheikh Fahad Ali M. Alhamrani [High Court Civil Appeal No. 5 of 2013] Before: The Hon. Mde. Janice M. Pereira, Chief Justice Appearances: Appellant: Mr. Victor Joffe, QC with him Mr Lynton Tucker, Mr. Ian Mann and Ms. Coleen Farrington Respondent: Ms. Elizabeth Jones, QC with her Mr. Jack Husbands Issues: Case management – Directions hearing – Unfair prejudice proceedings Result / Order: [Oral delivery] 1. The appellant to file a further copy of the record (including the core bundle) with the Registry in the Virgin Islands by 4:00 p.m. on 17th June 2013. 2. The time for the filing and service of the respondents’ skeleton argument pursuant to CPR 62.11(2) is extended to 4:00 p.m. on 7th May 2013. 3. The time for the filing and service of the appellant’s skeleton argument in reply (if any) pursuant to CPR 62.11(3) is extended to 4:00 p.m. on 28th May 2013. 4. A further case management conference (to be held jointly with a further case management conference in Civil Appeal No. 4 of 2013) shall be conducted at 10:00 am on 18th June 2013 by telephone at which time, (in addition to any others) directions will be given as to the length of time to be allocated to the hearing of the appeal. 5. Civil Appeal No. 5 of 2013 to be listed jointly with Civil Appeal No. 4 of 2013 to commence either on [2nd] July 2013 or 15th July 2013 (to be confirmed by the Court) with Civil Appeal No. 5 to be heard first in order of time. 6. The respondents’ application of 25th February 2013 to be considered as withdrawn and the respondents and the appellant to agree the incidence of costs of that application by 4:00 p.m. on 23rd April 2013, failing such agreement the matter to be determined at the case management conference on 18th June 2013.

WordPress

TELECONFERENCE TERRITORY OF THE VIRGIN ISLANDS 8th April 2013 APPLICATIONS AND APPEALS Case Name:

[1]Chemtrade Limited v

[2]Fuchs Oil Middle East Limited

[3]Fuchs Petrolub AG [High Court Civil Appeal No. 4 of 2013] Before: The Hon. Mde. Janice M. Pereira, Chief Justice Appearances: Appellant: Mr. Victor Joffe, QC with him Mr. Ian Mann, Mr. Lynton Tucker and Ms. Coleen Farrington Respondent: No appearance of and for the first respondent Mr. George Bompus, QC with him Mr. Claudio Rebeker, Mr. Jerry Samuel and Mr. Adam Holliman for the second respondent Issues: Case management – Directions hearing – Unfair prejudice proceedings Result / Order: [Oral delivery]

[4]Sheikh Mohamed Ali M. Alhamrani as representative of the late Sheikh Abdulaziz Ali M. Alhamrani

[5]Sheikh Ahmed Ali M. Alhamrani

[6]Sheikh Fahad Ali M. Alhamrani [High Court Civil Appeal No. 5 of 2013] Before: The Hon. Mde. Janice M. Pereira, Chief Justice Appearances: Appellant: Mr. Victor Joffe, QC with him Mr Lynton Tucker, Mr. Ian Mann and Ms. Coleen Farrington Respondent: Ms. Elizabeth Jones, QC with her Mr. Jack Husbands Issues: Case management – Directions hearing – Unfair prejudice proceedings Result / Order: [Oral delivery]

1.The appellant shall by 4:00 p.m. on 15th April 2013: (a) Refile the record (with a revised index) so that all items added to the record since it was originally filed shall be inserted into the record at the appropriate place instead of being comprised in a supplemental bundle. (b) Refile the core bundle (with a revised index) so as to add the sealed Order of Justice Bannister dated 12th March 2013.

2.The time for the filing and service of the respondent’s skeleton argument pursuant to CPR

62.11(2) is extended to 4:00 p.m. on 7th May 2013.

3.The time for the filing and service of the appellant’s skeleton argument in reply (if any) pursuant to CPR 62.11(3) is extended to 4:00 p.m. on 28th May 2013.

4.A further case management conference (to be held jointly with a further case management conference in Civil Appeal No. 5 of 2013) shall be conducted on 18th June 2013 at 10:00 a.m. by telephone at which time, (in addition to any others) directions will be given as to the length of time to be allocated to the hearing of the appeal.

5.The appeal is to be listed jointly with Civil Appeal No. 5 of 2013 to commence either on [2nd] July 2013 or 15th July 2013 (to be confirmed by the Court) with Civil Appeal No. 5 of 2013 to be heard first in order of time. Case Name:

[1]Sheikh Abdullah Ali Alhamrani v

[1]Sheikh Mohamed Ali M. Alhamrani

[2]Sheikh Siraj Ali M. Alhamrani

[3]Sheikh Khaild Ali M. Alhamrani

1.The appellant to file a further copy of the record (including the core bundle) with the Registry in the Virgin Islands by 4:00 p.m. on 17th June 2013.

2.The time for the filing and service of the respondents’ skeleton argument pursuant to CPR

62.11(2) is extended to 4:00 p.m. on 7th May 2013.

3.The time for the filing and service of the appellant’s skeleton argument in reply (if any) pursuant to CPR 62.11(3) is extended to 4:00 p.m. on 28th May 2013.

4.A further case management conference (to be held jointly with a further case management conference in Civil Appeal No. 4 of 2013) shall be conducted at 10:00 am on 18th June 2013 by telephone at which time, (in addition to any others) directions will be given as to the length of time to be allocated to the hearing of the appeal.

5.Civil Appeal No. 5 of 2013 to be listed jointly with Civil Appeal No. 4 of 2013 to commence either on [2nd] July 2013 or 15th July 2013 (to be confirmed by the Court) with Civil Appeal No. 5 to be heard first in order of time.

6.The respondents’ application of 25th February 2013 to be considered as withdrawn and the respondents and the appellant to agree the incidence of costs of that application by 4:00 p.m. on 23rd April 2013, failing such agreement the matter to be determined at the case management conference on 18th June 2013.

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