September 24 – 26, 2007

Court of Appeal Sitting BVI 24th – 26th September 2007 24th September 2007 Date: Coram: Hon. Justice of Appeal Mr. Denys Barrow S.C. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards THE ATTORNEY GENERAL v EDWARD BREWLEY [Civil Appeal No. 5 of 2006] Appearances: Appellant: Mr. Terrence Williams, Director of Public Prosecution Respondent: Unrepresented Issues: Appeal against acquittal of the offence of sexual intercourse Result: Matter adjourned to the next sitting of the Court in January 2008. Reason: Respondent advised that he will be seeking legal aid. Coram: Hon. Justice of Appeal Mr. Denys Barrow S.C. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION Philemon Miller v The Queen Criminal Appeal No. 2 of 2007 Unrepresented Respondent: Ms. Tamia Richards, Senior Crown Counsel Issues: Robbery and Conspiracy to Rob. Result: Appeal Dismissed Reason: Court of Appeal is not conducting a new trial and cannot put itself place of the Jury to determine questions of fact. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, S.C. APPLICATION NORGULF HOLDING LIMITED Appellant AND MICHAEL WILSON & PARTNERS LIMITED Respondent [Civil Appeal No. 8 of 2007] Appearances: Appellant: Mr. John Jarvis and Mr. Paul Dennis Respondent: Mr. James Drake and Mr. Christopher Young Issues: Application is for interim costs order. Court of Appeal gave judgment in favor of Applicant and ordered that Respondent pay costs to Applicant. Preliminary Objections: Court questioned why the Application was made to this Court. Mr. Jarvis indicated that it was the Court of Appeal that made the order and it is best if the Court that made the order deals with the Application. Application sent to the full Court for hearing. The decision of a single judge is reviewable by the full Court. It appears likely that any decision will result in an application for review and in order to conserve costs and the resources of the Court, the Court ordered that the application be heard by full Court. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, S.C. APPLICATION TIFFERN HENLEY v THE QUEEN [Criminal Appeal No. 6 of 2007] Appearances: Applicant: Ms. Michelle Worrell Respondent: Ms. Tiffany Scatliffe Issues: Application for extension of time to file Notice of Appeal. Result: Leave granted to file Notice of Appeal out of time. Court indicated that there is no need to await transcript before filing Notice of Appeal as Applicant could file Notice and reserve the right to add further grounds when transcript is available. Reason: No objection from the Respondent Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION IPOC INTERNATIONAL GROWTH FUND LTD. v LV Finance [Civil Appeal No. 30 of 2006] Appearances: Mr. Joan Cunningham Respondent: Mr. Jeffrey Elkinson Leave to Appeal to Her Majesty in Council Result: Matter adjourned to the sitting of the Court of Appeal in January 2008. Reason: Parties expect to settle and there will be no need to appeal. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards DEVON DAWSON v THE QUEEN [Civil Appeal No. 1 of 2007] Appearances: Appellant - Unrepresented Respondent - Mrs. Grace Henry McKenzie Issues: Appeal against Conviction & Sentence Attempted Murder and Wounding with Intent Result: Appeal Dismissed Reason: Matters put forward do not entitle Appellant to succeed in the appeal which are questions of facts which can only be determined by a jury. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards GREGORY FORBES FREDDY TALIEN JOSE GOMEZ GARCIA v THE COMMISSIONER OF POLICE [Magisterial Appeal Nos. 1, 2, 5 of 2007] Mr. Herbert McKenzie for Talien & Garcia, Dane Hamilton QC for Gregory Forbes Respondent: Mr. Terrence Williams, Director Public Prosecution Issues: Appeal against Conviction. Unlawful possession of a controlled substance. Results: Matter adjourned to the next sitting of the Court of Appeal in January 2008. Bail Application on behalf of Forbes refused. Reason: DPP is not opposed to the adjournment. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION DEVIN MADURO v THE QUEEN [Criminal Appeal No. 3 of 2005] Appearances: Appellant - Mr. Paul Webster, QC Respondent Mrs. Grace Henry McKenzie Issue:

1.Application for leave to Amend Notice of Appeal

2.Appeal against Conviction. Murder Result: Matter adjourned to next sitting of the Court in January 2008. Respondent to file submission by 31st October 2007. Reason: On 5th September, Respondent was served with new grounds of appeal. Did not have sufficient time to file submission. Appellant is not opposed to adjournment being granted. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards COMMISSIONER OF POLICE v DESMOND ALPHONSO [Civil Appeal No. 29 of 2006] Appearances: Appellant: Mr. Terrence Williams, Director of Public Prosecution Respondent: Mrs. Tana’ania Small-Davis Issues: Appeal against Costs Order. Whether the learned judge erred in law in finding that the period for which a person may be detained without being charged cannot exceed 24hrs. Reasons: Counsel have agreed to settle matter on basis that the Police Amendment Act was not in force at the time the Order was made by the Court below. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION LAWRENCE WHEATLEY V RAISHAUNA WHEATLEY [CIVIL APPEAL No. 6 of 2007] Appearances: Appellant: Mrs. Tana’ania Small-Davis Respondent: Ms. Susan Demers Issue: 1. Application for leave to appeal against Order 2. Application for review of decision of single judge relating to Stay of Execution of Trial Judge’s Order. Result: Adjourned to Tuesday 25th September 2007. Papers are presently not before the Court in respect of Application for review. Counsel to prepare a bundle with all the documents that were filed by the end of the day. No objections Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION ALFA TELECOM TURKEY LIMITED v CUKUROVA FINANCE INTERNATIONAL LIMITED [Civil Appeal No. 11 & 12 of 2007] Appearances: Applicant: Mr. Foote for Telia Sonera Finland Mr. Robert Levy for Alfa Telecom Turkey Limited Respondent: Ms. Cowell for Cukurova Finance International Ltd. Issues: Application for adjournment of the hearing of the Application for Leave to Appeal Preliminary Objections: Results: Hearing of Application adjourned to be heard at the end of the list and not before Wednesday 26 September 2007. Reasons: All parties agree that matter should not come for hearing before Wednesday morning 26 September 2007 because there is a 3 day hearing with the same parties before Justice Olivetti. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION GREGORY HODGE v PATSY LAKE [Civil Appeal No. 22 of 2007] Mr. William Hare Respondent: Mrs. Tana’ania Small-Davis Issues: 1. Application for leave to appeal. 2. Application for Order dated 20 August 2007 be set aside. Preliminary Objections: Leave is not required Court has no such jurisdiction to set aside order pending appeal. Result: Matter adjourned to 25 of September 2007. Parties to present Consent Order to Court. Reasons: Leave is not required when party wishes to appeal interlocutory order relating to injunctive relief. Court has no jurisdiction to set aside order pending appeal. Stay cannot be granted as the action to be stayed is already performed. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION SONIA O’NEAL v FIRST BANK (PUERTO RICO) LIMITED [Civil Appeal No. 23 of 2007] No objections Appearances: Applicant: Mr. William Hare Respondent: Mrs. Hazel-Ann Hannaway-Boreland Issues: 1. Application for leave to appeal 2. Application to set aside order dated 24 August 2007

3.Application that the Respondent be restrained from exercising its purported power of sale over the Applicant’s property pending the grant of leave to appeal and if leave is granted the hearing of the intended appeal. Matter adjourned to 25 September 2007. Parties to draft order and take to the next hearing for approval. Date: 25th September 2007 Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards NORGULF HOLDINGS LIMITED AND OTHERS v MICHAEL WILSON & PARTNERS LIMITED [Civil Appeal No. 8 of 2007] Appearances: Appellant: Mr. John Jarvis QC for the Respondent with Mr. Paul Dennis Respondent: Mr. James Drake & Christopher Young for the Respondent Issues: Power of Court to order Interim Costs Whether part 17.6 or 65.11 applies. Results: Decision reserved. Reasons: Counsel to send submission to Deputy Registrar and Chief Registrar of the Court of Appeal electronically. Coram: Hon. Justice of Appeal Mr. Deny Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION LAWRENCE WHEATLEY V RAISHAUNA WHEATLEY [CIVIL APPEAL No. 6 of 2007] Appearances: Appellant: Mrs. Tana’ania Small-Davis Respondent: Ms. Susan Demers Application to review decision of a single judge and Stay of Execution of Order pending the decision of the Court of Appeal Decision: Leave to appeal is granted. Application for stay granted in relation to paragraphs 4 and 2 of the Court’s Order entered on the 1.5.07 and also in relation to paragraph 9 of the Order. The sum of $1,000 to be substituted for $3,700 per week. Costs to the Appellant on the Application for Leave to Appeal and costs in the appeal on the Application for Stay of Execution. Reason: Court finds there is a reasonable prospect of succeeding in the appeal. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION Elena Collongues v. Andrew Lynch [Civil Appeal No. 1 of 2007] Appearances: Appellant: Mrs. Tana’ania Small- Davies Respondent: Mr. Terrence Neal with him Mr. Kevon Swan Issues: Leave to adduce further evidence. Whether learned judge erred in the factual findings made. Result: Decision reserved. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ola Mae Edwards APPLICATION The British Virgin Islands Electricity Corporation v Satyaprakash Rajmangal [Civil Appeal No. 4 of 2007] Appearances: Appellant: Mr. Paul Dennis Respondent: Mr. Terrence Neal with him Mr. Kevon Swan Issues: Appeal against the finding of the Master that there was no reasonable prospect of success. Wrongful dismissal claim. Result: Master’s Order is set aside. Defendant has leave to file defence setting forth all matters by October 10, 2007. Costs to the Claimant of $5000 to be paid forthwith. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION SONIA O’NEAL v FIRST BANK (PUERTO RICO) LIMITED [CIVIL APPEAL No. 23 of 2007] Appearances: Applicant: Mr. William Hare Respondent: Mrs. Hazel-Ann Hannaway-Boreland Issues: 1. Application for leave to appeal. 2. Application to set aside order dated 24 August 2007. 3. Application that the Respondent be restrained from exercising its purported power of sale over the Applicant’s property pending the grant of Leave to Appeal and if leave is granted the hearing of the intended appeal. Applications withdrawn Costs be in the Appeal Applicant through her counsel gave undertaking to file and serve a Notice of Appeal within 7 days here of. The Respondent, through its counsel undertook that pending the determination of such appeal, it will not seek to exercise any alleged power of sale in respect of the property situate at and known as Parcel 56, Block 2539B, Central Registration Section Tortola, BVI. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION KENSINGTON INTERNATONAL LIMITED v MONTROW INTERNATIONAL LIMITED (In Provisional Liquidation) [Civil Appeal No. 7 of 2007] Appearances: Applicant: Mr. Stephen Moverley Smith, QC with him Mr. Jonathan Tarboton and Mr. Stephen Dougherty Respondent: Mr. Michael Black QC and with him Mr. William Hare Issues: 1. Application for leave to amend Notice of Application. 2. Application for Leave to Appeal. 3. Application for Stay of Order dated 2 August 2007 requiring the Applicant to disclose certain documents to Respondent. Preliminary Objections: Application for leave to amend Notice of Application will cause delay and will place the date for hearing of the matter in jeopardy. Result: 1. Leave granted to amend Notice of Application. 2. Decision in relation to the Application for Leave to Appeal and Stay of Order reserved. 1. The omission in the Notice of Application of ground A of the Grounds of Appeal was an oversight on the part of the Applicant’s counsel as it was clearly referred to in the draft Grounds of Appeal. 2. The Amendment will not place the hearing date which is set for February 2007 in jeopardy and no prejudice will be caused to Respondent. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION TELIA SONERA FINLAND OYJ v ALFA TELECOM TURKEY LIMITED - CUKUROVA FINANCE INTERNATIONAL LIMITED & OTHERS [Civil Appeal No. 11 & 12 of 2007] Appearances: Applicant: Mr. Robert Foote 1st Respondent: Ms. Joan Cunningham Mr. Robert Levy Other Respondent: Issues: Application for leave to appeal Results: Permission to Appeal denied Costs to be assessed if not agreed. Reasons: This is not a case in which the principle of open justice applies. The learned Judge correctly identified the principle to be applied. The Applicant has failed to show that the learned Judge failed to consider relevant considerations, took into account irrelevant considerations or that she incorrectly applied the principles. Date: 26th September 2007 Hon. Justice of Appeal Mr. Denys Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION ALFA TELECOM TURKEY LIMITED v CUKUROVA FINANCE INTERNATIONAL LIMITED [Civil Appeal No. 15 of 2007 Appearances: Applicant: Robert Levy Respondent: Joan Cunningham for Respondent Issues: Whether Disclosure of documents pursuant to CPR 28.5 would exacerbate costs Whether documents were not directly relevant Whether they were not necessary for fair disposal of case Whether Rule 28.16, 28.17 or 28.17 (b)(2) is the appropriate section Decisions: Appeal dismissed with costs to Respondent. Costs to be assessed if not agreed. Reasons: Case was decided on the very narrow basis that the first normal Case Management Conference in this matter is yet to be held. It was open to the judge to decide that what she called advance discovery was not appropriate. Court finds no basis for interfering with that exercise of discretion. The disclosure of the partial award whether pursuant to Rule 28.16 or 28.17 is a matter that can be dealt with at the first Case Management Conference. Edison Aguilar Segundo et al v The Commissioner of Police [Civil Appeal No. 1 of 2007 Appearances: Mr. Herbert McKenzie Mr. Terrence Williams for Director of Public Prosecution with Jamie Richards, Senior Crown Counsel Mrs. Tana’ania Small-Davis Issue: Unlawful possession of a controlled substance. Decision: Appeal dismissed. Sentence affirmed to run from date of conviction of each Appellant. Reason: Evidence adduced at trial was sufficient to support conviction. Sentence of 7 years is appropriate. GREGORY HODGE v PATSY LAKE & ITF Investment Group [Civil Appeal No. 22 of 2007] Appearances: Applicant: Mr. Robert Nader 2nd Respondent: Issues: Application for leave to appeal. Application to set aside Order dated 20 August 2007. Preliminary Objections: Leave is not required. Result: Application withdrawn Costs awarded to Second Respondent in the sum of $1,000.00. Reasons: Leave is not required to appeal interlocutory order relating to injunctive relief. Court has no jurisdiction to set aside order pending appeal. Applicant has undertaken to file and serve Notice of Appeal within 7 days hereof.

Court of Appeal Sitting BVI 24th – 26th September 2007 24th September 2007 Date: Coram: Hon. Justice of Appeal Mr. Denys Barrow S.C. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards THE ATTORNEY GENERAL v EDWARD BREWLEY [Civil Appeal No. 5 of 2006] Appearances: Appellant: Mr. Terrence Williams, Director of Public Prosecution Respondent: Unrepresented Issues: Appeal against acquittal of the offence of sexual intercourse Result: Matter adjourned to the next sitting of the Court in January 2008. Reason: Respondent advised that he will be seeking legal aid. Coram: Hon. Justice of Appeal Mr. Denys Barrow S.C. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION Philemon Miller v The Queen Criminal Appeal No. 2 of 2007 Appearances: Appellant: Unrepresented Respondent: Ms. Tamia Richards, Senior Crown Counsel Issues: Robbery and Conspiracy to Rob. Result: Appeal Dismissed Reason: Court of Appeal is not conducting a new trial and cannot put itself place of the Jury to determine questions of fact. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, S.C. APPLICATION NORGULF HOLDING LIMITED Appellant AND MICHAEL WILSON & PARTNERS LIMITED Respondent [Civil Appeal No. 8 of 2007] Appearances: Appellant: Mr. John Jarvis and Mr. Paul Dennis Respondent: Mr. James Drake and Mr. Christopher Young Issues: Application is for interim costs order. Court of Appeal gave judgment in favor of Applicant and ordered that Respondent pay costs to Applicant. Preliminary Objections: Court questioned why the Application was made to this Court. Mr. Jarvis indicated that it was the Court of Appeal that made the order and it is best if the Court that made the order deals with the Application. Result: Application sent to the full Court for hearing. Reason: The decision of a single judge is reviewable by the full Court. It appears likely that any decision will result in an application for 3 review and in order to conserve costs and the resources of the Court, the Court ordered that the application be heard by full Court. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, S.C. APPLICATION TIFFERN HENLEY v THE QUEEN [Criminal Appeal No. 6 of 2007] Appearances: Applicant: Ms. Michelle Worrell Respondent: Ms. Tiffany Scatliffe Issues: Application for extension of time to file Notice of Appeal. Result: Leave granted to file Notice of Appeal out of time. Court indicated that there is no need to await transcript before filing Notice of Appeal as Applicant could file Notice and reserve the right to add further grounds when transcript is available. Reason: No objection from the Respondent Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION IPOC INTERNATIONAL GROWTH FUND LTD. v LV Finance [Civil Appeal No. 30 of 2006] Appearances: Appellant: Mr. Joan Cunningham Respondent: Mr. Jeffrey Elkinson Issues Leave to Appeal to Her Majesty in Council4 Result: Matter adjourned to the sitting of the Court of Appeal in January 2008. Reason: Parties expect to settle and there will be no need to appeal. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards DEVON DAWSON v THE QUEEN [Civil Appeal No. 1 of 2007] Appearances: Appellant – Unrepresented Respondent – Mrs. Grace Henry McKenzie Issues: Appeal against Conviction & Sentence Attempted Murder and Wounding with Intent Result: Appeal Dismissed Reason: Matters put forward do not entitle Appellant to succeed in the appeal which are questions of facts which can only be determined by a jury. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards GREGORY FORBES FREDDY TALIEN JOSE GOMEZ GARCIA v THE COMMISSIONER OF POLICE [Magisterial Appeal Nos. 1, 2, 5 of 2007] Appearances: Appellant Mr. Herbert McKenzie for Talien & Garcia, Dane Hamilton QC for Gregory Forbes 5 Respondent: Mr. Terrence Williams, Director Public Prosecution Issues: Appeal against Conviction. Unlawful possession of a controlled substance. Results: Matter adjourned to the next sitting of the Court of Appeal in January 2008. Bail Application on behalf of Forbes refused. Reason: DPP is not opposed to the adjournment. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION DEVIN MADURO v THE QUEEN [Criminal Appeal No. 3 of 2005] Appearances: Appellant – Mr. Paul Webster, QC Respondent Mrs. Grace Henry McKenzie Issue: 1. Application for leave to Amend Notice of Appeal

2.Appeal against Conviction. Murder Result: Matter adjourned to next sitting of the Court in January 2008. Respondent to file submission by 31st October 2007. Reason: On 5th September, Respondent was served with new grounds of appeal. Did not have sufficient time to file submission. Appellant is not opposed to adjournment being granted. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards COMMISSIONER OF POLICE v DESMOND ALPHONSO 6 [Civil Appeal No. 29 of 2006] Appearances: Appellant: Mr. Terrence Williams, Director of Public Prosecution Respondent: Mrs. Tana’ania Small-Davis Issues: Appeal against Costs Order. Whether the learned judge erred in law in finding that the period for which a person may be detained without being charged cannot exceed 24hrs. Reasons: Counsel have agreed to settle matter on basis that the Police Amendment Act was not in force at the time the Order was made by the Court below. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards Application LAWRENCE WHEATLEY V RAISHAUNA WHEATLEY [CIVIL APPEAL No. 6 of 2007] Appearances: Appellant: Mrs. Tana’ania Small-Davis Respondent: Ms. Susan Demers Issue: 1. Application for leave to Appeal against Order

3.Application that the Respondent be restrained from exercising its purported power of sale over the Applicant’s property pending the grant of leave to appeal and if leave is granted the hearing of the intended appeal. Preliminary Objections: No objections Result: Matter adjourned to 25 September 2007. Reasons: Parties to draft order and take to the next hearing for approval.9 Date: 25th September 2007 Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards NORGULF HOLDINGS LIMITED AND OTHERS v MICHAEL WILSON & PARTNERS LIMITED [Civil Appeal No. 8 of 2007] Appearances: Appellant: Mr. John Jarvis QC for the Respondent with Mr. Paul Dennis Respondent: Mr. James Drake & Christopher Young for the Respondent Issues: Power of Court to order Interim Costs Whether part 17.6 or 65.11 applies. Results: Decision reserved. Reasons: Counsel to send submission to Deputy Registrar and Chief Registrar of the Court of Appeal electronically. Coram: Hon. Justice of Appeal Mr. Deny Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION LAWRENCE WHEATLEY V RAISHAUNA WHEATLEY [CIVIL APPEAL No. 6 of 2007] Appearances: Appellant: Mrs. Tana’ania Small-Davis Respondent: Ms. Susan Demers Issue: Application to review decision of a single judge and Stay of Execution of Order pending the decision of the Court of Appeal 10 Decision: Leave to appeal is granted. Application for stay granted in relation to paragraphs 4 and 2 of the Court’s Order entered on the 1.5.07 and also in relation to paragraph 9 of the Order. The sum of $1,000 to be substituted for $3,700 per week. Costs to the Appellant on the Application for Leave to Appeal and costs in the appeal on the Application for Stay of Execution. Reason: Court finds there is a reasonable prospect of succeeding in the appeal. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards APPLICATION Elena Collongues v. Andrew Lynch [Civil Appeal No. 1 of 2007] Appearances: Appellant: Mrs. Tana’ania Small- Davies Respondent: Mr. Terrence Neal with him Mr. Kevon Swan Issues: Leave to adduce further evidence. Whether learned judge erred in the factual findings made. Result: Decision reserved. Coram: Hon. Justice of Appeal Mr. Denys Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ola Mae Edwards APPLICATION 11 The British Virgin Islands Electricity Corporation v Satyaprakash Rajmangal [Civil Appeal No. 4 of 2007] Appearances: Appellant: Mr. Paul Dennis Respondent: Mr. Terrence Neal with him Mr. Kevon Swan Issues: Appeal against the finding of the Master that there was no reasonable prospect of success. Wrongful dismissal claim. Result: Master’s Order is set aside. Defendant has leave to file defence setting forth all matters by October 10, 2007. Costs to the Claimant of $5000 to be paid forthwith. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION SONIA O’NEAL v FIRST BANK (PUERTO RICO) LIMITED [CIVIL APPEAL No. 23 of 2007] Appearances: Applicant: Mr. William Hare Respondent: Mrs. Hazel-Ann Hannaway-Boreland Issues: 1. Application for leave to appeal.

2.Application for review of decision of single judge relating to Stay of Execution of Trial Judge’s Order. Result: Adjourned to Tuesday 25th September 2007. Reason: Papers are presently not before the Court in respect of Application for review. Counsel to prepare a bundle with all the documents that were filed by the end of the day. 7 Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION ALFA TELECOM TURKEY LIMITED v CUKUROVA FINANCE INTERNATIONAL LIMITED [Civil Appeal No. 11 & 12 of 2007] Appearances: Applicant: Mr. Foote for Telia Sonera Finland Mr. Robert Levy for Alfa Telecom Turkey Limited Respondent: Ms. Cowell for Cukurova Finance International Ltd. Issues: Application for adjournment of the hearing of the Application for Leave to Appeal Preliminary Objections: No objections Results: Hearing of Application adjourned to be heard at the end of the list and not before Wednesday 26 September 2007. Reasons: All parties agree that matter should not come for hearing before Wednesday morning 26 September 2007 because there is a 3 day hearing with the same parties before Justice Olivetti. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION GREGORY HODGE v PATSY LAKE [Civil Appeal No. 22 of 2007] Appearances: Applicant: Mr. William Hare Respondent: Mrs. Tana’ania Small-Davis 8 Issues: 1. Application for leave to appeal.

2.Application for Order dated 20 August 2007 be set aside. Preliminary Objections: Leave is not required Court has no such jurisdiction to set aside order pending appeal. Result: Matter adjourned to 25 of September 2007. Parties to present Consent Order to Court. Reasons: Leave is not required when party wishes to appeal interlocutory order relating to injunctive relief. Court has no jurisdiction to set aside order pending appeal. Stay cannot be granted as the action to be stayed is already performed. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION SONIA O’NEAL v FIRST BANK (PUERTO RICO) LIMITED [Civil Appeal No. 23 of 2007] Appearances: Applicant: Mr. William Hare Respondent: Mrs. Hazel-Ann Hannaway-Boreland Issues: 1. Application for leave to appeal

2.Application to set aside order dated 24 August 2007

2.Application to set aside order dated 24 August 2007.

3.Application that the Respondent be restrained from exercising its purported power of sale over the Applicant’s property pending the grant of Leave to Appeal and if leave is granted the hearing of the intended appeal. Result: Applications withdrawn Costs be in the Appeal Reasons: Applicant through her counsel gave undertaking to file and serve a 12 Notice of Appeal within 7 days here of. The Respondent, through its counsel undertook that pending the determination of such appeal, it will not seek to exercise any alleged power of sale in respect of the property situate at and known as Parcel 56, Block 2539B, Central Registration Section Tortola, BVI. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION KENSINGTON INTERNATONAL LIMITED v MONTROW INTERNATIONAL LIMITED (In Provisional Liquidation) [Civil Appeal No. 7 of 2007] Appearances: Applicant: Mr. Stephen Moverley Smith, QC with him Mr. Jonathan Tarboton and Mr. Stephen Dougherty Respondent: Mr. Michael Black QC and with him Mr. William Hare Issues: 1. Application for leave to amend Notice of Application.

2.Application for Leave to Appeal.

3.Application for Stay of Order dated 2 August 2007 requiring the Applicant to disclose certain documents to Respondent. Preliminary Objections: Application for leave to amend Notice of Application will cause delay and will place the date for hearing of the matter in jeopardy. Result: 1. Leave granted to amend Notice of Application.

2.Decision in relation to the Application for Leave to Appeal and Stay of Order reserved. Reasons: 1. The omission in the Notice of Application of ground A of the Grounds of Appeal was an oversight on the part of the Applicant’s counsel as it was clearly referred to in the draft Grounds of Appeal. 13

2.The Amendment will not place the hearing date which is set for February 2007 in jeopardy and no prejudice will be caused to Respondent. Coram: Hon. Chief Justice (Ag.) Sir Brian Alleyne, SC. APPLICATION TELIA SONERA FINLAND OYJ v ALFA TELECOM TURKEY LIMITED – CUKUROVA FINANCE INTERNATIONAL LIMITED & OTHERS [Civil Appeal No. 11 & 12 of 2007] Appearances: Applicant: Mr. Robert Foote st Respondent: Mr. Robert Levy Other Respondent: Ms. Joan Cunningham Issues: Application for leave to appeal Results: Permission to Appeal denied Costs to be assessed if not agreed. Reasons: This is not a case in which the principle of open justice applies. The learned Judge correctly identified the principle to be applied. The Applicant has failed to show that the learned Judge failed to consider relevant considerations, took into account irrelevant considerations or that she incorrectly applied the principles. Date: 26th September 2007 Hon. Justice of Appeal Mr. Denys Barrow, SC. Hon. Justice of Appeal Mr. Hugh Rawlins Hon. Justice of Appeal (Ag.) Ms. Ola Mae Edwards14 APPLICATION ALFA TELECOM TURKEY LIMITED v CUKUROVA FINANCE INTERNATIONAL LIMITED [Civil Appeal No. 15 of 2007 Appearances: Applicant: Robert Levy Respondent: Joan Cunningham for Respondent Issues: Whether Disclosure of documents pursuant to CPR 28.5 would exacerbate costs Whether documents were not directly relevant Whether they were not necessary for fair disposal of case Whether Rule 28.16, 28.17 or 28.17 (b)(2) is the appropriate section Decisions: Appeal dismissed with costs to Respondent. Costs to be assessed if not agreed. Reasons: Case was decided on the very narrow basis that the first normal Case Management Conference in this matter is yet to be held. It was open to the judge to decide that what she called advance discovery was not appropriate. Court finds no basis for interfering with that exercise of discretion. The disclosure of the partial award whether pursuant to Rule 28.16 or 28.17 is a matter that can be dealt with at the first Case Management Conference. Edison Aguilar Segundo et al v The Commissioner of Police [Civil Appeal No. 1 of 2007 Appearances: Appellant: Mr. Herbert McKenzie Respondent Mr. Terrence Williams for Director of Public Prosecution with Jamie Richards, Senior Crown Counsel 15 Issue: Unlawful possession of a controlled substance. Decision: Appeal dismissed. Sentence affirmed to run from date of conviction of each Appellant. Reason: Evidence adduced at trial was sufficient to support conviction. Sentence of 7 years is appropriate. GREGORY HODGE v PATSY LAKE & ITF Investment Group [Civil Appeal No. 22 of 2007] Appearances: Applicant: Mr. Robert Nader nd Respondent: Mrs. Tana’ania Small-Davis Issues: Application for leave to appeal. Application to set aside Order dated 20 August 2007. Preliminary Objections: Leave is not required. Result: Application withdrawn Costs awarded to Second Respondent in the sum of $1,000.00. Reasons: Leave is not required to appeal interlocutory order relating to injunctive relief. Court has no jurisdiction to set aside order pending appeal. Applicant has undertaken to file and serve Notice of Appeal within 7 days hereof.