December 7th – 11th 2009

COURT OF APPEAL SITTING ANTIGUA and BARBUDA Monday 7th December to Friday 11th December 2009 Date: Monday 7th December 2009 Coram: His Lordship the Hon. Hugh A. Rawlins Chief Justice Her Ladyship the Hon. Ola-Mae Edwards Justice of Appeal Her Ladyship the Hon. Janice George-Creque Justice of Appeal HIGH COURT CIVIL APPEAL Case Name: Antigua Power Company Ltd. v Attorney General et al [Civil Appeal No. 6 of 2009] Appearances: Appellant: Mr. Dane Hamilton QC led by Mr. Geoffrey Robertson QC Respondent: Mr. Kendrickson Kentish led by Mr. Douglas Mendes SC for the 1st and 2nd Respondents Dr. David Dorsette led by Sir Gerald Watt QC for the 3rd Respondent Issue: Appeal against judgment of the High Court Result: Matter stood down to Tuesday 8th December, 2009 Reason: HIGH COURT CRIMINAL APPEALS Case Name: Roger Naitram v The Queen [Crim. App. No. 5 of 2006] Lassell Punch v. The queen [Crim. App. No. 6 of 2006] Leary Matheson v. The Queen [Crim. App. No. 8 of 2006] Appearances: Appellant: Mr. Peyton Knight for Mr. Lassell Punch and Mr. Jason Martin for Messrs Naitram and Matheson Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Appeals against conviction and sentence Result: Matter stood down Reason: HIGH COURT CIVIL APPEALS Case Name: Llewellyn Smith v Antigua Port Autjority [Civ. App. No. 12 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mr. Collin Derrick Issue: Appeal against judgment of High Court Result: Matter stood down Case Name: Lassell Punch v The Queen [Civ. App. No. 6 of 2006] Appearances: Appellant: Mr. Peyton Knight Respondent: Mr. Anthony Armstrong Director of Public Prosecutions Issue: Extension of time to comply with CPR Part 62.11 (1) Result: (1) Application of extension of time to file skeleton arguments is granted and accordingly skeleton filed on 4th December, 2009 on behalf of the Appellant is deemed validly filed (2) Solicitor for Respondent to file skeleton arguments by 9th January, 2010 Case Name: Cable & Wireless (WI) Lit. v Conrad Tonge et al [Civil Appeal No. 10 of 2007] Appearances: Appellant: Ms. E. Ann Henry Respondent: Mr. Charlesworth O. D. Browne Issue: Final Leave to appeal to Her Majesty in Council/Affidavit of service be deemed validly filed Result: Matter stood down to Friday 11th December, 2009 Reason: Case Name: Charles Joseph v Antigua Commercial Bank [Civil Appeal No. 1 of 2009] Appearances: Appellant: Mrs. Tracey Benn-Roberts led by Sir Clare Roberts QC Respondent: Mr. Charles Joseph in Person Issue: Respondent to pay unpaid balance to Applicant Result: Matter stood down Case Name: Sharon C. Weeks v Glen Weeks [Civil App. No. 2 of 2009] Appearances: Appellant: Miss Veronica Thomas Respondent: Mr. Clement Bird holding for Mrs. Laurie Freeland-Roberts Issue: Extension of time for compliance with order Result: Application which was filed 19th January, 2008 is withdrawn and accordingly dismissed with no order as to costs Reason: Application was dealt with on18th May, 2009 and order granted to extend time to comply with order HIGH COURT CRIMINAL APPEAL Case Name: Errol Porter v The Queen [Crim. App. No. 3 of 2009] Appearances: Appellant: Dr. David Dorsette Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Grant custody of Passport Result: (1) The Applicant be granted custody of his passport to enable the Applicant to visit St. Lucia for a period of seven days from 16th to 23rd December, 2009 (2) The Order of 24th July, 2009 granting bail to the Applicant is varied to permit the authorities to release the travel documents of the Applicant on 15th December, 2009 to the said Applicant and for the said Applicant to return the travel documents on 24th December, 2009 to the authorities HIGH COURT CIVIL APPEALS Case Name: Edmeade Joyce v Premier Beverages Limited [Civil App. No. 4 of 2009] Appearances: Appellant: Mr. Lenworth Johnson Respondent: Mrs. Shahida Ali-Schneider Issue: Stay of execution Result: Application for stay granted and the Appellant pays costs of $500.00 by 31st January, 2010 Case Name: Alexander M. Fundora v Stanford International Bank Ltd. Ralph Steven Janvey v Alexander Fundora [Civil App. No. 8 0f 2009] Appearances: Appellant: Mr. Conliffe Clarke for Mr. Alexander Fundora Sir Clare Roberts QC with Mrs. Tracy Benn-Roberts for Mr. Ralph Steven Janvey Respondent: Mr. Kendrickson Kentish for the Liquidators of Stanford International Bank Miss Jasmin Wade led by Mr. Paul Webster for the 3rd Respondent (FSRC) Issue: Application for leave to adduce fresh evidence Result: Matter set down for Case Management on 17th December, 2009 Reason: HIGH COURT CRIMINAL APPEALS Case Name: Rashid A. Pigott v The Queen [Crim App. No. 9 0f 2009] Appearances: Appellant: Appellant in Person Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Stay of execution/Writ of Habeas Corpus Result: Application filed herein by Applicant on 1st July, 2009 is hereby dismissed Case Name: Careem Bedminister v The Queen [Crim. App. No. 12 of 2009] Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Application for bail pending appeal Result: Application is adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 Case Name: Everton Bridges v The Queen [Crim. App. No. 16 of 2009] Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Anthony Armstrong, DPP Issue: Application for bail pending appeal Result: Application is withdrawn and is accordingly dismissed Reason: Application is withdrawn Case Name: Gareth Walker v The Queen [Crim. App. No. 14 of 2009] Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Anthony Armstrong, DPP Issue: Application for bail Result: Application is withdrawn and is accordingly dismissed Reason: Application is withdrawn Case Name: Shasti Lopes v The Queen [Crim. App. No. 18 of 2009] Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Application for bail pending appeal Result: Application is withdrawn and is accordingly dismissed Reason: Application is withdrawn Case Name: Roger Naitram v The Queen [Crim. App. No. 5 of 2006] Lassell Punch v. The Queen [Crim. App. No. 6 of 2006] Leary Matheson v. The Queen [Crim. App. No. 8 of 2006] Appearances: Appellant: Mr. Peyton Knight for Mr. Lassell Punch Mr. Jason Martin for Messrs Naitram and Matheson Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Appeals against conviction and sentence Result: Matter adjourned to next sitting of Court of Appeal in Antigua and Barbuda in 2010 HIGH COURT CIVIL APPEALS Case Name: Charles Joseph v Antigua Commercial Bank [Civil Appeal No. 1 of 2009] Appearances: Appellant: Mrs. Tracey Benn-Roberts led by Sir Clare Roberts QC Respondent: Mr. Charles Joseph in Person Issue: Respondent to pay unpaid balance to Applicant Result: (1) Application which was filed herein is dismissed since the Court has no jurisdiction to hear the matter (2) Notice of application filed herein on 7th January, 2009 is withdrawn and accordingly dismissed (3) No Order as to Costs Reason: The application is withdrawn; the court has no jurisdiction to hear the matter. Case Name: Llewellyn Smith v Antigua Port Autjority [Civ. App. No. 12 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mr. Collin Derrick Issue: Appeal against judgment of High Court Result: Matter adjourned to 11th December, 2009 Case Name: Steadroy C. O. Benjamin v Commissioner of Police et al [Civ. Appeal No. 23 of 2009] Appearances: Appellant: Mr. John Fuller Respondent: Mr. Kendrickson Kentish Issue: Application for leave to appeal Result: Order to be drafted by the Chief Justice and delivered later in the sitting Case Name: Gaston Browne v The Attorney General of Antigua and Barbuda et al [Civ. App. No. 24 of 2009] Appearances: Appellant: Mr. Loy Weste led by Mr. Anthony Asthaphan SC Respondent: Mr. Justin Simon QC, Attorney General Issue: Application for stay of execution Result: Application for stay of execution dismissed with no order as to costs Reason: Case Name: Pascal Williams et al v Tyrone Herbert et al [Civ. App. No. 27 of 2009] Appearances: Appellant: Miss Denecia Thomas Respondent: Mrs. Maureen Payne-Hyman Issue: Application for leave to appeal and stay of execution Result: Application adjourned to Thursday 10th December, 2009 Case Name: Ahmed Williams v The Supervisory Authorities Under the Money Laundering (Prevention) Act 1996 [Civ. App. No. 28 of 2008] Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Justin Simon QC, Attorney General Issue: Leave to appeal Result: Matter is adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 pending the outcome of related matter in the High Court which commenced on 8th December, 2009 Reason: Matter pending the outcome of related matter in the High Court Case Name: Diana Lynn Hendricks v Thyra Hendricks-Henry [Civ. App. No. 29 of 2009] Appearances: Appellant: Miss Diana Lynn Hendricks in Person Respondent: Mr. Lawrence Daniels Issue: Application for leave to appeal Result: Matter stood down until Thursday 10th December, 2009 Reason: MAGISTERIAL CIVIL APPEAL Case Name: Thelbert Thwaites v Roy Simon [Mag. Civil App. No. 2 of 2009] Appearances: Appellant: Mr. Cosbert Cumberbatch Respondent: No appearance Issue: Application for extension of time to file and serve appeal Result: Application is dismissed Reason: Appellant no longer wishes to pursue matter and sought leave to withdraw HIGH COURT CIVIL APPEAL Case Name: Alex John Trading as Anko Trading v Bank of Antigua and Barbuda [Civil App. No. 4 of 2997] Appearances: Appellant: No Appearance Respondent: Miss Veronica Thomas Issue: Appeal against the decision of the Master/for report Result: Appeal dismissed Reason: For want of prosecution STATUS HEARINGS HEARD IN CHAMBERS BEFORE HIS LORDSHIP THE HON. DAVIDSON BAPTISTE JUSTICE OF APPEAL HIGH COURT CIVIL APPEALS Case Name: William Martin v Director of Public Prosecutions [Civil Appeal No.26 of 2004] Appearances: Appellant: Mr. Dane Hamilton Jr. holding for Lockhart and Mendes Respondent: Mrs. Carla Brookes-Harris Issue: Appeal against judgment of High Court Result: Matter is discontinued Case Name: LeBistro v Commissioner of Inland Revenue et al [Civil Appeal No. 32 of 2004] Appearances: Appellant: Mr. Hugh Marshall Jr. and Mr. John Fuller Respondent: Mrs. Carla Brookes-Harris Issue: Appeal against judgment of High Court Result: Matter is discontinued Reason: Case Name: Charles Alexander Henry v Ada Rosalind Henry nee Anderson [Civil Appeal No. 11 of 2004] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mrs. Denise Jonas-Parillon Issue: Appeal against judgment of high Court Result: Matter is discontinued Reason: Case Name: Lester Bird et al v The Daily Observer Ltd. [Civ. Appeal No. 6 of 2003] Appearances: Appellant: Mr. John Fuller Respondent: Mr. Dane Hamilton Jr. holding for Mr. Kendrickson Kentish Issue: Result: Appeal is withdrawn and no order as to costs Case Name: Soumitra Sengupta v Woods Development Ltd. [Civ. Appeal No. 23 of 2003] Appearances: Appellant: Miss E. Ann Henry Respondent: Mr. Dane Hamilton QC Issue: Appeal against judgment of High Court Result: Matter has been adjudicated Case Name: Edy Gay Addari v Enzo Addari [Civ. App. No. 3 of 2004] Appellant: No Appearance Respondent: Miss Veronica Thomas Issue: Appeal against judgment of the High Court Result: Matter is discontinued and no order as to costs Reason: Miss Thomas informed the Court that the matter was settled since 8th November, 2005 and a letter was sent by counsel for the Appellant to the Chief Registrar asking for matter to be discontinued with no order as to costs Case Name: Attorney General of Antigua and Barbuda v Astra Holdings Ltd. [Civ. App. No. 20 of 2004] Appearances: Appellant: Mrs. Carla Brookes-Harris Respondent: Dr. David Dorsette Issue: Application for stay of execution pending appeal Result: Matter is discontinued with no order as to costs Case Name: Colonial Homes and Commercial Properties (Caribbean) Ltd. formerly Colonial Homes and Commercial Properties (1994) Ltd. v Eva Placide [Civil App. No. 18 of 2004] Appearances: Appellant: No Appearance Respondent: Mr. Dane Hamilton Jr. Issue: Appeal against judgment of the High Court Result: Matter is discontinued Case Name: Laura Lynn v Robert Thompson [Civil App. No. 24 of 2004] Appearances: Appellant: Mr. Dane Hamilton Jr. holding for Lockhart and Mendes Respondent: No Appearance Issue: Appeal against judgment of High Court Result: Appeal is dismissed Case Name: Craig Christopher et al v Kenroy Casey [Civil App. No. 20A of 2005] Appearances: Appellant: Miss E. Ann Henry Respondent: Mr. Kendrickson Kentish Issue: Appeal against judgment of the High Court Result: Matter is dismissed INDUSTRIAL COURT CIVIL APPEAL Case Name: James Holborough T/A Caribbean Art Supplies v Brenda Rayne [Industrial Ct Civ. App. No. 18 of 2002] Appearances: Appellant: Appellant in Person Respondent: No Appearance Issue: Appeal against judgment of Industrial Court Result: Matter is adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010. for Appellant to instruct counsel Reason: For the appellant to instruct counsel MAGISTERIAL CRIMINAL APPEAL Case Name: Yvonne Brown v The Commissioner of Police [Mag. Crim. App. No. 1 of 2002] Appearances: Appellant: No Appearance Respondent: Dr. David Dorsette Issue: Appeal against the decision of the Magistrate Court Result: Court office to serve Appellant by 7th January, 2010 HIGH COURT CRIMINAL APPEAL Case Name: Stanley Solomon v The Queen [Crim. App. No. 7 of 2005] Appearances: Appellant: No Appearance Respondent: Mr. Anthony Armstrong, Direction of Public Prosecutions Issue: Appeal against conviction and sentence Result: Registrar to provide the Court with a written report on the status of the transcript by 7th January, 2010 MAGISTERIAL CIVIL APPEAL Courts (Antigua and Barbuda) Ltd. v Donalyn Richard et al [Civ. App. No 1 of 2002] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: No Appearance Issue: Result: Matter is adjourned and the Appellant is to report in writing via the Registrar on Thursday 11th December, 2009 HIGH COURT CIVIL APPEALS Case Name: Errol Cort v Leroy King [Civ. App. No. 5 of 2002] Appearances: Appellant: Mr. Kendrickson Kentish Respondent: No Appearance Issue: Appeal against judgment of the High Court Result: Leave to withdraw the appeal is granted pending the determination of the issue of costs Case Name: David Henry v LIAT (1974) Limited [Civ. App. No. 7 of 2002] Appearances: Appellant: No Appearance Respondent: Mr. Steadroy Benjamin holding for Simon Rogers and Murdoch Issue: Result: Matter adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 Case Name: Franklyn Francis v Commissioner of Police et al [Civil App. No. 24 of 2001] Appearances: Appellant: No Appearance Respondent: Miss Jose Laurent holding for the Attorney General Issue: Result: Matter adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 Case Name: Enoch Richards v Commissioner of Police et al [Civil App. No. 25 of 2001] Appearances: Appellant: No Appearance Respondent: Miss Jose Laurent holding for the Attorney General Issue: Result: Matter adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 Case Name: Cynthia Bernita De Silver v Vincent Sylvester De Silver [Civ. App. No. 16 of 2003] Appearances: Appellant: No Appearance Respondent: No Appearance Issue: Result: Matter dismissed Date: Tuesday 8th December 2009 Coram: Her Ladyship the Hon. Janice George-Creque Justice of Appeal , President His Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) His Lordship the Hon. Davidson Baptiste Justice of Appeal (Ag.) HIGH COURT CIVIL APPEALS Case Name: Antigua Power Company Ltd. v The Attorney General et al [Civ. Appeal No. 6 of 2009] Appearances: Appellant: Mr. Dane Hamilton QC led by Mr. Geoffrey Robertson QC Respondent: Mr. Kendrickson Kentish led by Mr. Douglas Mendes SC for the 1st and 2nd Respondents Dr. David Dorsette led by Sir Gerald Watt QC for the 3rd Respondent Issue: Appeal against judgment of the High Court Result: Judgment reserved Date: Thursday 10th December 2009 Coram: His Lordship the Hon. Hugh A. Rawlins, Chief Justice His Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) His Lordship the Hon. Errol Thomas Justice of Appeal (Ag.) HIGH COURT CIVIL APPEALS Case Name: Steadroy C. O. Benjamin v Commissioner of Police et al [Civ. Appeal No. 23 of 2009] Appearances: Appellant: Mr. John Fuller Respondent: Mr. Kendrickson Kentish Issue: Application for leave to appeal Result: (1) To the extent that the matter involves a constitutional motion no leave is required (2) To the extent that claim is a mixed one, then leave to appeal is hereby granted but leave is required to appeal against judicial review aspects of said judgment and leave is hereby granted to appeal against judicial review aspects Case Name: Pascal Williams et al v Tyrone Herbert et al [Civ. App. No. 27 of 2009] Appearances: Appellant: Miss Denecia Thomas Respondent: Mrs. Maureen Payne-Hyman Issue: Application for leave to appeal and stay of execution Result: Matter set down for Case Management on 17th December, 2009 Reason: Case Name: Diana Lynn Hendricks v Thyra Hendricks-Henry [Civ. App. No. 29 of 2009] Appearances: Appellant: Miss Diana Lynn Hendricks in Person Respondent: Mr. Lawrence Daniels Issue: Application for leave to appeal Result: Matter set down for Case Management on 17th December, 2009 Case Name: Michael James v Tasman Gaming Inc. et al [Civ. App. No. 6 of 2006] Appearances: Appellant: Mr. Jason Martin Respondent: Mr. Clement Bird Issue: Appeal against decision of the Master Result: (1) Appeal is dismissed with costs to be paid by the Appellant to the Respondent of $1500.00 and accordingly the stay of proceedings pending appeal which was granted on 8th February, 2007 is lifted (2) All applications and further proceedings shall take their course and accordingly be listed by the Registrar for a convenient date for hearing Case Name: Olsen Hector et al v The Attorney General et al [Civ. App. No. 27 of 2006] Appearances: Appellant: Mr. Cosbert Cumberbatch Respondent: Mr. Justin Simon QC, Attorney General Issue: Appeal against judgment of High Court Result: Decision reserved and will be delivered later today Case Name: Antigua Aggregates Ltd. v Antigua Port Authority [Civ. App. No. 13 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. with Mrs. Cherissa Thomas Respondent: Mr. Collin Derrick Issue: Appeal against judgment of High Court Result: (1) Appeal of 4th December, 2009 by Respondent is granted (2) The appeal herein is accordingly struck out as a nullity is as much as leave to appeal was required under Section 32 (2) of the Supreme Court Act (3) No order as to costs BRITISH VIRGIN ISLANDS HIGH COURT CIVIL APPEAL Case Name: Black Swan Investments I S.A. v Harvest View Limited and Sablewood Real Estate Limited and Ridgepointe Overseas Developments Limited [Civ. App. No. 27 of 2009 - British Virgin Islands] Appearances: Appellant: Mr. John Carrington Respondent: No Appearance Issue: Appeal against decision of the High Court Commercial Division Result: Application was granted and order filed with the Registrar of the High Court in the British Virgin Islands ANTIGUA AND BARBUDA HIGH COURT CIVIL APPEALS Case Name: Olsen Hector et al v The Attorney General et al [Civ. App. No. 27 of 2006] Appearances: Appellant: Mr. Cosbert Cumberbatch Respondent: Mr. Justin Simon QC, Attorney General Issue: Appeal against judgment of High Court Result: Appeal dismissed with no order as to costs Case Name: Llewellyn Smith v Antigua Port Authority [Civ. App. No. 12 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mr. Collin Derrick Issue: Appeal against judgment of High Court Result: Matter set down for Case Management on 17th December, 2009 Reason: Date: Friday 11th December 2009 Coram: Her Ladyship the Hon. Ola-Mae Edwards, President His Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) His Lordship the Hon. Errol Thomas Justice of Appeal (Ag.) Case Name: Arthur Reynolds v The Proprietors Condominium Plan No. 24/1989 [Civil App. No. 14 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mr. Clement Bird Issue: Appeal against judgment of High Court Result: (1) The appeal is allowed and the Order of the Trial Judge is set aside (2) The claim of the Respondent is dismissed (3) Costs in the Court below is awarded to the Appellant based on prescribed costs calculated on the quantum of the claim and costs in this Court based on 2/3 of that cost Coram: Her Ladyship the Hon. Ola-Mae Edwards, President Her Ladyship the Hon. Janice George-Creque Justice of Appeal His Lordship the Hon. Davidson Baptiste Justice of Appeal (Ag.) Case Name: Cable & Wireless (WI) Ltd. v Conrad Tonge et al [Civil Appeal No. 10 of 2007] Appearances: Appellant: Ms. E. Ann Henry Respondent: Mr. Charlesworth O. D. Browne Issue: Application for final leave to appeal to Her Majesty in Council/Affidavit of service be deemed validly filed Result: Leave to appeal to Her Majesty in Council is granted Case Name: Janice Reynolds-Greene v Community First Co-operative Credit Union [Civil Appeal No. 27 of 2008] Appearances: Appellant: Appellant in Person Respondent: Mrs. Shahida Ali-Schneider Issue: Appeal against judgment of High Court Result: Judgment reserved Case Name: George Duberry v Bertrand Burke [Civil App. No. 12 of 2009] Bertrand Burke v George Duberry [Civil App. No. 13 of 2009] Appearances: Appellant: Dr. David Dorsette for Mr.George Duberry Respondent: Mrs. Stacy-Ann Osborne for Mr. Bertrand Burke Issue: Appeal against Orders of High Court Result: Matter stood down MAGISTERIAL CRIMINAL APPEAL Case Name: Lester Charles and Ahmed Williams v The Commissioner of Police [Mag. Crim. App. No. 1A of 2009] Appearances: Appellant: Mr. Cosbert Cumberbatch for Mr. Ahmed Williams and Mr. Steadroy Benjamin for Mr. Lester Charles Respondent: Mr. Anthony Armstrong, DPP Issue: Possession of a controlled drug Result: Judgment is reserved and the Director of Public Prosecutions to file antecedents of Mr. Ahmed Williams by 24th December, 2009 HIGH COURT CIVIL APPEAL Case Name: George Duberry v Bertrand Burke [Civil App. No. 12 of 2009] Bertrand Burke v George Duberry [Civil App. No. 13 of 2009] Appearances: Appellant: Dr. David Dorsette for Mr.George Duberry Respondent: Mrs. Stacy-Ann Osborne for Mr. Bertrand Burke Issue: Appeal against Orders of High Court Result: The appellant’s appeal is allowed in part and the Respondent’s counter notice is allowed and in the circumstances no order is made as to costs Reason:

1.The learned judge in his ruling erred in concluding that the definition of the words “assistant surveyor” in the Surveyer’s Act Regulations was ultra vires the definition in the Surveyor’s Act.

2.The learned judge erred therefore in determining and applying principles of severance to the contract.

3.The result is that the Counter Notice of Appeal filed on the 18th August. 2009 is allowed.

4.The Order dismissing the Application to Strike Out filed on the 23rd April 2009 will stand.

5.The Order made on the 23rd April 2009 dismissing the application filed on the 3rd December, 2009 to deem the defence and counterclaim validly filed and for relief from sanction, is set aside.

6.Having exercised our discretion afresh regarding the application filed on the 3rd December 2009 the application is granted so that the real issues between the parties can be determined at trial.

1COURT OF APPEAL SITTING ANTIGUA and BARBUDA Monday 7th December to Friday 11th December 2009 Date: Monday 7th December 2009 Coram: His Lordship the Hon. Hugh A. Rawlins Chief Justice Her Ladyship the Hon. Ola-Mae Edwards Justice of Appeal Her Ladyship the Hon. Janice George-Creque Justice of Appeal HIGH COURT CIVIL APPEAL Case Name: Antigua Power Company Ltd. v Attorney General et al [Civil Appeal No. 6 of 2009]Appearances: Appellant: Mr. Dane Hamilton QC led by Mr. Geoffrey Robertson QC Respondent: Mr. Kendrickson Kentish led by Mr. Douglas Mendes SC for the 1st and 2nd Respondents Dr. David Dorsette led by Sir Gerald Watt QC for the 3rdRespondent Issue: Appeal against judgment of the High Court Result: Matter stood down to Tuesday 8th December, 2009 Reason: HIGH COURT CRIMINAL APPEALS Case Name: Roger Naitram v The Queen [Crim. App. No. 5 of 2006] Lassell Punch v. The queen [Crim. App. No. 6 of 2006] Leary Matheson v. The Queen 2[Crim.

App. No. 8 of 2006] Appearances: Appellant: Mr. Peyton Knight for Mr. Lassell Punch and Mr. Jason Martin for Messrs Naitram and Matheson Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Appeals against conviction and sentence Result: Matter stood down Reason: HIGH COURT CIVIL APPEALS Case Name: Llewellyn Smith v Antigua Port Autjority [Civ. App. No. 12 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mr. Collin Derrick Issue: Appeal against judgment of High Court Result: Matter stood down Case Name: Lassell Punch v the Queen [Civ. App. No. 6 of 2006] Appearances: Appellant: Mr. Peyton KnightRespondent: Mr. Anthony Armstrong Director of Public Prosecutions Issue: Extension of time to comply with CPR Part 62.11 (1) Result: (1) Application of extension of time to file skeleton 3arguments is granted and accordingly skeleton filed on 4th December, 2009 on behalf of the Appellant is deemed validly filed (2) Solicitor for Respondent to file skeleton arguments by 9th January, 2010 Case

Name: Cable & Wireless (WI) Lit. v Conrad Tonge et al [Civil Appeal No. 10 of 2007] Appearances: Appellant: Ms. E. Ann Henry Respondent: Mr. Charlesworth O. D. Browne Issue: Final Leave to appeal to Her Majesty in Council/Affidavit of service be deemed validly filed Result: Matter stood down to Friday 11th December, 2009 Reason: Case Name: Charles Joseph v Antigua Commercial Bank [Civil Appeal No. 1 of 2009] Appearances: Appellant: Mrs. Tracey Benn-Roberts led by Sir Clare Roberts QC Respondent: Mr. Charles Joseph in Person Issue: Respondent to pay unpaid balance to Applicant Result: Matter stood down Case Name: Sharon C. Weeks v Glen Weeks [Civil App. No. 2 of 2009] Appearances: 4Appellant: Miss Veronica Thomas Respondent: Mr. Clement Bird holding for Mrs. Laurie Freeland-Roberts Issue: Extension of time for compliance with order Result: Application which was filed 19th January, 2008 is withdrawn and accordingly dismissed with no order as to costs Reason: Application was dealt with on18th May,

2009 and order granted to extend time to comply with order HIGH COURT CRIMINAL APPEAL Case Name: Errol Porter v The Queen [Crim. App. No. 3 of 2009] Appearances: Appellant: Dr. David Dorsette Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Grant custody of Passport result (1) The Applicant be granted custody of his passport to enable the Applicant to visit St. Lucia for a period of seven days from 16th to 23rd December, 2009 (2) The Order of 24th July, 2009 granting bail to the Applicant is varied to permit the authorities to release the travel documents of the Applicant on 15thDecember, 2009 to the said Applicant and for the said Applicant to return the travel documents on 24thDecember, 2009 to the authorities HIGH COURT CIVIL APPEALS Case Name: Edmeade Joyce v Premier Beverages Limited [Civil App. No. 4 of 2009] 5Appearances: Appellant: Mr. Lenworth Johnson Respondent: Mrs. Shahida Ali-Schneider Issue: Stay of execution Result: Application for stay

granted and The Appellant pays costs of $500.00 by 31st January, 2010 Case Name: Alexander M. Fundora v Stanford International Bank Ltd. Ralph Steven Janvey v Alexander Fundora [Civil App. No. 8 0f 2009] Appearances: Appellant: Mr. Conliffe Clarke for Mr. Alexander Fundora Sir Clare Roberts QC with Mrs. Tracy Benn-Roberts for Mr. Ralph Steven JanveyRespondent: Mr. Kendrickson Kentish for the Liquidators of Stanford International Bank Miss Jasmin Wade led by Mr. Paul Webster for the 3rdRespondent (FSRC) Issue: Application for leave to adduce fresh evidence Result: Matter set down for Case Management on 17th December, 2009Reason: HIGH COURT CRIMINAL APPEALS Case Name: Rashid A. Pigott v the Queen [Crim App. No. 9 0f 2009 Appearances: Appellant: Appellant in Person Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions 6Issue: Stay of execution/Writ of Habeas Corpus Result: Application filed herein by Applicant on 1st July, 2009 is hereby dismissed Case Name: Careem Bedminister v The Queen [Crim. App. No. 12 of

2009 Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: application for bail pending appeal Result: Application is adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 Case Name: Everton Bridges v The Queen [Crim. App. No. 16 of 2009] Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Anthony Armstrong, DPP Issue: Application for bail pending appeal Result: Application is withdrawn and is accordingly dismissed Reason: Application is withdrawn Case Name: Gareth Walker v The Queen [Crim. App. No. 14 of 2009] Appearances: Appellant: Mr. Steadroy C. O. Benjamin 7Respondent: Mr. Anthony Armstrong, DPP Issue: Application for bail Result: Application is withdrawn and is accordingly dismissed Reason: Application is withdrawn Case Name: Shasti Lopes v The Queen [Crim. App. No. 18 of 2009] Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Application for bail pending appeal Result:

application is withdrawn and is accordingly dismissed Reason: Application is withdrawn Case Name: Roger Naitram v the Queen [Crim. App. No. 5 of 2006] Lassell Punch v. the Queen [Crim. App. No. 6 of 2006] Leary Matheson v. The Queen [Crim. App. No. 8 of 2006] Appearances: Appellant: Mr. Peyton Knight for Mr. Lassell Punch Mr. Jason Martin for Messrs Naitram and Matheson Respondent: Mr. Anthony Armstrong, Director of Public Prosecutions Issue: Appeals against conviction and sentence Result: Matter adjourned to next sitting of Court of Appeal in Antigua and Barbuda in 2010 HIGH COURT CIVIL APPEALS 8Case Name: Charles Joseph v Antigua Commercial Bank [Civil Appeal No. 1 of 2009] Appearances: Appellant: Mrs. Tracey Benn-Roberts led by Sir Clare Roberts QC Respondent: Mr. Charles Joseph in Person Issue: Respondent to pay unpaid balance to Applicant Result: (1) application which was filed herein is dismissed since the Court has no jurisdiction to hear the matter (2) Notice of application filed

herein on 7th January, 2009 is withdrawn and accordingly dismissed (3) No Order as to Costs Reason: The application is withdrawn; the court has no jurisdiction to hear the matter. Case Name: Llewellyn Smith v Antigua Port Autjority [Civ. App. No. 12 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mr. Collin Derrick Issue: Appeal against judgment of High Court Result: Matter adjourned to 11th December, 2009 Case Name: Steadroy C. O. Benjamin v Commissioner of Police et al [Civ. Appeal No. 23 of 2009] Appearances: Appellant: Mr. John Fuller 9Respondent: Mr. Kendrickson Kentish Issue: Application for leave to appeal Result: Order to be drafted by the Chief Justice and delivered later in the sitting Case Name: Gaston Browne v The Attorney General of Antigua and Barbuda et al [Civ. App. No. 24 of 2009] Appearances: Appellant: Mr. Loy Weste led by Mr. Anthony Asthaphan SC Respondent: Mr. Justin Simon QC, Attorney General Issue: Application for stay of execution

Result: Application for stay of execution dismissed with no order as to costs Reason: Case Name: Pascal Williams et al v Tyrone Herbert et al [Civ. App. No. 27 of 2009] Appearances: Appellant: Miss Denecia Thomas Respondent: Mrs. Maureen Payne-Hyman Issue: Application for leave to appeal and stay of execution Result: Application adjourned to Thursday 10th December, 2009 Case Name: Ahmed Williams v The Supervisory Authorities Under the 10Money Laundering (Prevention) Act 1996 [Civ. App. No. 28 of 2008] Appearances: Appellant: Mr. Steadroy C. O. Benjamin Respondent: Mr. Justin Simon QC, Attorney General Issue: Leave to appeal Result: Matter is adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 pending the outcome of related matter in the High Court which commenced on 8th December, 2009 Reason: Matter pending the outcome of related matter in the High CourtCase Name: Diana Lynn Hendricks v Thyra Hendricks-Henry [Civ. App. No. 29 of 2009] Appearances: Appellant: Miss

Diana Lynn Hendricks in Person Respondent: Mr. Lawrence Daniels Issue: Application for leave to appeal Result: Matter stood down until Thursday 10th December, 2009 Reason: MAGISTERIAL CIVIL APPEAL Case Name: Thelbert Thwaites v Roy Simon [Mag. Civil App. No. 2 of 2009]Appearances: Appellant: Mr. Cosbert Cumberbatch Respondent: No appearance 11Issue: Application for extension of time to file and serve appeal Result: Application is dismissed Reason: Appellant no longer wishes to pursue matter and sought leave to withdraw HIGH COURT CIVIL APPEAL Case Name: Alex John Trading as Anko Trading v Bank of Antigua and Barbuda [Civil App. No. 4 of 2997] Appearances: Appellant: No Appearance Respondent: Miss Veronica Thomas Issue: Appeal against the decision of the Master/for report Result: Appeal dismissed Reason: For want of prosecution STATUS HEARINGS HEARD IN CHAMBERS BEFORE HIS LORDSHIP THE HON. DAVIDSON BAPTISTE JUSTICE OF APPEAL HIGH COURT CIVIL APPEALS Case Name: William Martin v Director of Public Prosecutions [Civil Appeal No.26 of 2004] Appearances:

Appellant: Mr. Dane Hamilton Jr. holding for Lockhart and Mendes Respondent: Mrs. Carla Brookes-Harris 12Issue: Appeal against judgment of High Court Result: Matter is discontinued Case Name: LeBistro v Commissioner of Inland Revenue et al [Civil Appeal No. 32 of 2004] Appearances: Appellant: Mr. Hugh Marshall Jr. and Mr. John Fuller Respondent: Mrs. Carla Brookes-Harris Issue: Appeal against judgment of High Court Result: Matter is discontinued Reason: Case Name: Charles Alexander Henry v Ada Rosalind Henry nee Anderson [Civil Appeal No. 11 of 2004] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mrs. Denise Jonas-Parillon Issue: Appeal against judgment of high Court Result: Matter is discontinued Reason: Case Name: Lester Bird et al v The Daily Observer Ltd. [Civ. Appeal No. 6 of 2003] Appearances: Appellant: Mr. John Fuller 13Respondent: Mr. Dane Hamilton Jr. holding for Mr. Kendrickson Kentish Issue: Result: Appeal is withdrawn and no order as to costs Case Name: Soumitra Sengupta v Woods Development Ltd. [Civ. Appeal No.

23 of 2003] Appearances: Appellant: Miss E. Ann Henry Respondent: Mr. Dane Hamilton QC Issue: Appeal against judgment of High Court Result: Matter has been adjudicated Case Name: Edy Gay Addari v Enzo Addari [Civ. App. No. 3 of 2004] Appellant: No Appearance Respondent: Miss Veronica Thomas Issue: Appeal against judgment of the High Court Result: Matter is discontinued and no order as to costs Reason: Miss Thomas informed the Court that the matter was settled since 8th November, 2005 and a letter was sent by counsel for the Appellant to the Chief Registrar asking for matter to be discontinued with no order as to costs 14Case Name: Attorney General of Antigua and Barbuda v Astra Holdings Ltd. [Civ. App. No. 20 of 2004]Appearances: Appellant: Mrs. Carla Brookes-Harris Respondent: Dr. David Dorsette Issue: Application for stay of execution pending appeal Result: Matter is discontinued with no order as to costs Case Name: Colonial Homes and Commercial Properties (Caribbean) Ltd. formerly

Colonial Homes and Commercial Properties (1994) Ltd. v Eva Placide [Civil App. No. 18 of 2004]Appearances: Appellant: No Appearance Respondent: Mr. Dane Hamilton Jr. Issue: Appeal against judgment of the High Court Result: Matter is discontinued Case Name: Laura Lynn v Robert Thompson [Civil App. No. 24 of 2004] Appearances: Appellant: Mr. Dane Hamilton Jr. holding for Lockhart and Mendes Respondent: No Appearance Issue: Appeal against judgment of High Court Result: Appeal is dismissed 15Case Name: Craig Christopher et al v Kenroy Casey [Civil App. No. 20A of 2005] Appearances: Appellant: Miss E. Ann Henry Respondent: Mr. Kendrickson Kentish Issue: Appeal against judgment of the High Court Result: Matter is dismissed INDUSTRIAL COURT CIVIL APPEAL Case Name: James Holborough T/A Caribbean Art Supplies v Brenda Rayne [Industrial Ct Civ. App. No. 18 of 2002] Appearances: Appellant: Appellant in Person Respondent: No Appearance Issue: Appeal against judgment of Industrial Court Result: Matter is adjourned to the next sitting of the Court

of Appeal in Antigua and Barbuda in 2010. for Appellant to instruct counsel Reason: For the appellant to instruct counsel MAGISTERIAL CRIMINAL APPEAL Case Name: Yvonne Brown v The Commissioner of Police [Mag. Crim. App. No. 1 of 2002] Appearances: Appellant: No Appearance Respondent: Dr. David Dorsette 16Issue: Appeal against the decision of the Magistrate Court Result: Court office to serve Appellant by 7th January, 2010 HIGH COURT CRIMINAL APPEAL Case Name: Stanley Solomon v The Queen [Crim. App. No. 7 of 2005] Appearances: Appellant: No Appearance Respondent: Mr. Anthony Armstrong, Direction of Public Prosecutions Issue: Appeal against conviction and sentence Result: Registrar to provide the Court with a written report on the status of the transcript by 7th January, 2010 MAGISTERIAL CIVIL APPEAL Courts (Antigua and Barbuda) Ltd. v Donalyn Richard et al [Civ. App. No 1 of 2002] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: No Appearance Issue: Result: Matter is adjourned and the Appellant is to report

in writing via the Registrar on Thursday 11th December, 2009 HIGH COURT CIVIL APPEALS Case Name: Errol Cort v Leroy King [Civ. App. No. 5 of 2002] Appearances: Appellant: Mr. Kendrickson Kentish 17Respondent: No Appearance Issue: Appeal against judgment of the High Court Result: Leave to withdraw the appeal is granted pending the determination of the issue of costs Case Name: David Henry v LIAT (1974) Limited [Civ. App. No. 7 of 2002] Appearances: Appellant: No Appearance Respondent: Mr. Steadroy Benjamin holding for Simon Rogers and Murdoch Issue: Result: Matter adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 Case Name: Franklyn Francis v Commissioner of Police et al [Civil App. No. 24 of 2001] Appearances: Appellant: No Appearance Respondent: Miss Jose Laurent holding for the Attorney General Issue: Result: Matter adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010Case Name: Enoch Richards v Commissioner of

Police et al [Civil App. No. 25 of 2001] 18Appearances: Appellant: No Appearance Respondent: Miss Jose Laurent holding for the Attorney General Issue: Result: Matter adjourned to the next sitting of the Court of Appeal in Antigua and Barbuda in 2010 Case Name: Cynthia Bernita De Silver v Vincent Sylvester De Silver [Civ. App. No. 16 of 2003] Appearances: Appellant: No Appearance Respondent: No Appearance Issue: Result: Matter dismissed Date: Tuesday 8th December 2009Coram: Her Ladyship the Hon. Janice George-Creque Justice of Appeal , President His Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) His Lordship the Hon. Davidson Baptiste Justice of Appeal (Ag.) HIGH COURT CIVIL APPEALSCase Name: Antigua Power Company Ltd. v The Attorney General et al [Civ. Appeal No. 6 of 2009] Appearances: Appellant: Mr. Dane Hamilton QC led by Mr. Geoffrey Robertson QC 19Respondent: Mr. Kendrickson Kentish led by Mr. Douglas Mendes SC for the 1st and 2nd Respondents Dr. David Dorsette led by

Sir Gerald Watt QC for the 3rdRespondent Issue: Appeal against judgment of the High Court Result: Judgment reserved Date: Thursday 10th December 2009Coram: His Lordship the Hon. Hugh A. Rawlins, Chief Justice His Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) His Lordship the Hon. Errol Thomas Justice of Appeal (Ag.) HIGH COURT CIVIL APPEALS Case Name: Steadroy C. O. Benjamin v Commissioner of Police et al [Civ. Appeal No. 23 of 2009] Appearances: Appellant: Mr. John Fuller Respondent: Mr. Kendrickson Kentish Issue: Application for leave to appeal Result: (1) To the extent that the matter involves a constitutional motion no leave is required (2) To the extent that claim is a mixed one, then leave to appeal is hereby granted but leave is required to appeal against judicial review aspects of said judgment and leave is hereby granted to appeal against judicial review aspects 20Case Name: Pascal Williams et al v Tyrone Herbert et al [Civ. App.

No. 27 of 2009] Appearances: Appellant: Miss Denecia Thomas Respondent: Mrs. Maureen Payne-Hyman Issue: Application for leave to appeal and stay of execution Result: Matter set down for Case Management on 17th December, 2009 Reason: Case Name: Diana Lynn Hendricks v Thyra Hendricks-Henry [Civ. App. No. 29 of 2009] Appearances: Appellant: Miss Diana Lynn Hendricks in Person Respondent: Mr. Lawrence Daniels Issue: Application for leave to appeal Result: Matter set down for Case Management on 17th December, 2009Case Name: Michael James v Tasman Gaming Inc. et al [Civ. App. No. 6 of 2006] Appearances: Appellant: Mr. Jason Martin Respondent: Mr. Clement Bird Issue: Appeal against decision of the Master Result: (1) Appeal is dismissed with costs to be paid by the Appellant to the Respondent of $1500.00 and 21accordingly the stay of proceedings pending appeal which was granted on 8th February, 2007 is lifted (2) All applications and further proceedings shall take their course and accordingly be listed by the

Registrar for a convenient date for hearing Case Name: Olsen Hector et al v The Attorney General et al [Civ. App. No. 27 of 2006]Appearances: Appellant: Mr. Cosbert Cumberbatch Respondent: Mr. Justin Simon QC, Attorney General Issue: Appeal against judgment of High Court Result: Decision reserved and will be delivered later today Case Name: Antigua Aggregates Ltd. v Antigua Port Authority [Civ. App. No. 13 of 2007]Appearances: Appellant: Mr. Hugh Marshall Jr. with Mrs. Cherissa Thomas Respondent: Mr. Collin Derrick Issue: Appeal against judgment of High Court Result: (1) Appeal of 4th December, 2009 by Respondent is granted(2) The appeal herein is accordingly struck out as a nullity is as much as leave to appeal was required under Section 32 (2) of the Supreme Court Act (3) No order as to costs 22BRITISH VIRGIN ISLANDS HIGH COURT CIVIL APPEAL Case Name: Black Swan Investments I S.A. v Harvest View Limited and Sablewood Real Estate Limited and Ridgepointe Overseas Developments Limited

[Civ. App. No. 27 of 2009 – British Virgin Islands] Appearances: Appellant: Mr. John Carrington Respondent: No Appearance Issue: Appeal against decision of the High Court Commercial Division Result: Application was granted and order filed with the Registrar of the High Court in the British Virgin Islands ANTIGUA AND BARBUDA HIGH COURT CIVIL APPEALS Case Name: Olsen Hector et al v The Attorney General et al [Civ. App. No. 27 of 2006]Appearances: Appellant: Mr. Cosbert Cumberbatch Respondent: Mr. Justin Simon QC, Attorney General Issue: Appeal against judgment of High Court Result: Appeal dismissed with no order as to costs 23Case Name: Llewellyn Smith v Antigua Port Authority [Civ. App. No. 12 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mr. Collin Derrick Issue: Appeal against judgment of High Court Result: Matter set down for Case Management on 17th December, 2009 Reason: Date: Friday 11th December 2009Coram: Her Ladyship the Hon. Ola-Mae Edwards, President His Lordship the Hon. Michael Gordon

QC Justice of Appeal (Ag.) His Lordship the Hon. Errol Thomas Justice of Appeal (Ag.) Case Name: Arthur Reynolds v The Proprietors Condominium Plan No. 24/1989 [Civil App. No. 14 of 2007] Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mr. Clement Bird Issue: Appeal against judgment of High Court Result: (1) The appeal is allowed and the Order of the Trial Judge is set aside (2) The claim of the Respondent is dismissed (3) Costs in the Court below is awarded to the Appellant based on prescribed costs calculated on the quantum of the claim and costs in this Court based on 2/3 of that cost 24Coram: Her Ladyship the Hon. Ola-Mae Edwards, President Her Ladyship the Hon. Janice George-Creque Justice of Appeal His Lordship the Hon. Davidson Baptiste Justice of Appeal (Ag.) Case Name: Cable & Wireless (WI) Ltd. v Conrad Tonge et al [Civil Appeal No. 10 of 2007] Appearances: Appellant: Ms. E. Ann Henry Respondent: Mr. Charlesworth

O. D. Browne Issue: Application for final leave to appeal to Her Majesty in Council/Affidavit of service be deemed validly filed Result: Leave to appeal to Her Majesty in Council is granted Case Name: Janice Reynolds-Greene v Community First Co-operative Credit Union [Civil Appeal No. 27 of 2008] Appearances: Appellant: Appellant in Person Respondent: Mrs. Shahida Ali-Schneider Issue: Appeal against judgment of High Court Result: Judgment reserved Case Name: George Duberry v Bertrand Burke [Civil App. No. 12 of 2009] Bertrand Burke v George Duberry [Civil App. No. 13 of 2009] 25Appearances: Appellant: Dr. David Dorsette for Mr.George Duberry Respondent: Mrs. Stacy-Ann Osborne for Mr. Bertrand Burke Issue: Appeal against Orders of High Court Result: Matter stood down MAGISTERIAL CRIMINAL APPEAL Case Name: Lester Charles and Ahmed Williams v The Commissioner of Police [Mag. Crim. App. No. 1A of 2009] Appearances: Appellant: Mr. Cosbert Cumberbatch for Mr. Ahmed Williams and Mr. Steadroy Benjamin for Mr. Lester Charles Respondent: Mr. Anthony

Armstrong, DPP Issue: Possession of a controlled drug Result: Judgment is reserved and the Director of Public Prosecutions to file antecedents of Mr. Ahmed Williams by 24th December, 2009 HIGH COURT CIVIL APPEAL Case Name: George Duberry v Bertrand Burke [Civil App. No. 12 of 2009] Bertrand Burke v George Duberry [Civil App. No. 13 of 2009] Appearances: Appellant: Dr. David Dorsette for Mr.George Duberry Respondent: Mrs. Stacy-Ann Osborne for Mr. Bertrand Burke 26Issue: Appeal against Orders of High Court Result: The appellant’s appeal is allowed in part and the Respondent’s counter notice is allowed and in the circumstances no order is made as to costs Reason: 1. The learned judge in his ruling erred in concluding that the definition of the words “assistant surveyor” in the Surveyer’s Act Regulations was ultra vires the definition in the Surveyor’s Act. 2. The learned judge erred therefore in determining and applying principles of severance to the contract. 3. The result is that

the Counter Notice of Appeal filed on the 18th August. 2009 is allowed. 4. The Order dismissing the Application to Strike Out filed on the 23rd April 2009 will stand. 5. The Order made on the 23rd April 2009 dismissing the application filed on the 3rd December, 2009 to deem the defence and counterclaim validly filed and for relief from sanction, is set aside. 6. Having exercised our discretion afresh regarding the application filed on the 3rd December 2009 the application is granted so that the real issues between the parties can be determined at trial.