September 22nd, 2009

Ms. Diana Thomas instructed by Caribbean Law Offices CHAMBER HEARING Tuesday 22nd September, 2009 BEFORE The Hon. Mr. Michael Gordon, QC, Justice of Appeal [Ag.] SAINT LUCIA Case Name Urban Dolor v The Board of Governors, Sir Arthur Lewis Community College [Civil Appeal No. 30 of 2009] Appearances: Applicant: Mr. Horace Fraser Respondent: Mrs. Petra Jeffrey-Nelson Issue: Application for leave to appeal Result: The Application was adjourned for hearing on 15th October, 2009. Reason: Seven clear days notice of the Application for leave to appeal had not been given to the Respondent. The Applicant did not oppose the Application for an adjournment. Case Name Marius Wilson v Julienne James et al [Civil Appeal No. 6 of 2009] Appearances: Applicants/ Respondents: No appearance Respondent/ Appellant: Issue: Application for extension of time to apply for reconsideration of decision of a single judge Result: It was ordered that:

1.The Application is granted.

2.The Application for a reconsideration of the decision of a single judge is deemed to be duly filed.

3.The Application is set down for hearing at the next sitting of the Court of Appeal in Saint Lucia scheduled 19th to 23rd October, 2009. Case Name Theresa Herman v Joseph Tranquillin [Civil Appeal No. 18 of 2009] Appearances: Applicant: No appearance Respondent: Mr. Alfred Alcide Issue: Application for relief from sanctions for late filing of Counter-Notice of Appeal Result: The Application was withdrawn. ANTIGUA AND BARBUDA Case Name American International Bank (In Receivership) v Cecile Hill, Registrar of Lands et al [Civil Appeal No.26 of 2006] On paper: Applicant: Watt & Associates Respondents: Phillips, Phillips & Archibald Issue: Application for removal of legal practitioners Result and Reason: The Application was adjourned to the next Chamber Hearing scheduled for 27th October, 2009 for proof of service. Case Name Careem Bedminster v The Queen [Criminal Appeal No. 12 of 2009] On paper: Appellant: Steadroy C.O Benjamin & Co. Respondent: The Director of Public Prosecutions Issue: Application for Bail pending appeal Result: The Application was adjourned to the next Chamber Hearing scheduled for 27th October, 2009. Reason: There was no affidavit of service of the Application on the Respondent. Case Name Steadroy C. O. Benjamin v Commissioner of Police et al [Civil Appeal No. 23 of 2009] On paper: Applicant: Marshall & Co. Respondents: The Attorney General’s Chambers Issue: Application for leave to appeal Result: The Application was set down for hearing by the full court at its next sitting of the Court in Antigua and Barbuda scheduled for the week commencing 7th December, 2009. Reason: Being minded to refuse leave, the matter was referred to the full court in the exercise of the discretion accorded by rule 62.2(5) of the Civil Procedure Rules 2000. MONTSERRAT Case Name University of Science, Arts, Technology (Montserrat) Ltd. v Roberts W. McChesney et al [Civil Appeal No. 3 of 2009] On paper: Applicant: Kelsick v Kelsick Respondent: Mr. David Brandt Issue: Application for leave to appeal Result: It was ordered that: 1. Leave to appeal is granted. 2. Costs to be costs in the appeal. 3. The appeal is to be filed within 14 days of today’s date in accordance with CPR Pt. 62.5 and parties are to comply with CPR Pt 62.10.

4.Matter to be heard on paper by a single judge. SAINT CHRISTOPHER AND NEVIS Case Name The Constituency Boundaries Commission et al v Hon. Shawn K. Richards et al [Civil Appeal No. 10 of 2009] On paper: Appellants: Mr. Arudranauth Gossai Respondents: Ms. Delara MacClure Taylor and Mr. Elliott MacClure Issue: Application for leave to appeal Result: It was ordered that: Leave is granted to the extent that such leave is necessary to the Applicants to file an appeal against the ruling of Olivetti J dated 4th August, 2009. Reason: Leave is required to appeal from an order granting leave to file judicial review proceedings. SAINT VINCENT AND THE GRENADINES Case Name Adnan Mkhoul v Keith Henry [Civil Appeal No. 1 of 2009] On paper: Appellant: Robertson & Robertson Respondent: Unrepresented Issue: Application for leave to file Record of Appeal out of time Result: The Application was dismissed. Reason: Time does not run until the Registrar issues a notice of availability of the Transcript which has not yet been done. Case Name Erlandon Lampkin v The Queen [Criminal Appeal No. 13 of 2008] On paper: Appellant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for extension of time to appeal Result: The Application was adjourned for hearing at the sitting of the Court of Appeal in Saint Vincent and the Grenadines scheduled for the 6th to 9th October, 2009. Reason: To determine whether the sentence was served. Case Name Alston Woods v Commissioner of Police [Criminal Appeal No. 7 of 2009] On paper: Appellant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for discontinuation of appeal Result: The Application to be placed on the status hearing list for the sitting of the Court of Appeal in Saint Vincent and the Grenadines scheduled for the 6th to 9th October, 2009. Reason: The Application was not properly before the Court. Case Name Jelani John v Commissioner of Police [Magisterial Criminal Appeal No. 29 of 2009] On paper: Appellant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for extension of time to appeal Result: The Application for extension of time to appeal was refused. Reason: There has been protracted delay (2 years) and the excuse proffered is inadequate. TERRITORY OF THE VIRGIN ISLANDS Case Name Keshaun Huggins v The Queen [Criminal Appeal No. 5 of 2008] On paper: Appellant: Farara Kerins Respondent: The Director of Public Prosecutions Issue: Abandonment of appeal Result: Abandonment of appeal – Court notes the same. Case Name Gloria Rengifo v Rafael Montejo [Civil Appeal No. 16 of 2002] On paper: Appellant: Harney Westwood & Riegels Respondent: Myers, Fletcher & Gordon, O’Neal, Webster, O’Neal Issue: Application for discontinuance of appeal Result: The appeal was withdrawn and accordingly dismissed.

1CHAMBER HEARING Tuesday 22nd September, 2009BEFORE The Hon. Mr. Michael Gordon, QC, Justice of Appeal [Ag.]SAINT LUCIACase Name Urban Dolor v The Board of Governors, Sir Arthur Lewis Community College [Civil Appeal No. 30 of 2009]Appearances:Applicant: Mr. Horace FraserRespondent: Mrs. Petra Jeffrey-NelsonIssue: Application for leave to appealResult: The Application was adjourned for hearing on 15th October, 2009.Reason: Seven clear days notice of the Application for leave to appeal had not been given to the Respondent. The Applicant did not oppose the Application for an adjournment. Case Name Marius Wilson v Julienne James et al[Civil Appeal No. 6 of 2009]Appearances:Applicants/ Respondents:Ms. Diana Thomas instructed by Caribbean Law OfficesRespondent/Appellant:No appearanceIssue: Application for extension of time to apply for reconsideration of decision of a single judgeResult: It was ordered that:1. The Application is granted.22. The Application for a reconsideration of the decision of a single judge is deemed to be duly filed.3. The Application is set down for hearing at the next sitting

of The Court of Appeal in Saint Lucia scheduled 19th to 23rd October, 2009.Case Name Theresa Herman v Joseph Tranquillin[Civil Appeal No. 18 of 2009]Appearances:Applicant: No appearanceRespondent: Mr. Alfred AlcideIssue: Application for relief from sanctions for late filing of Counter-Notice of AppealResult: The Application was withdrawn. ANTIGUA AND BARBUDACase Name American International Bank (In Receivership) v Cecile Hill, Registrar of Lands et al[Civil Appeal No.26 of 2006]On paper:Applicant: Watt & AssociatesRespondents: Phillips, Phillips & ArchibaldIssue: Application for removal of legal practitionersResult and Reason: The Application was adjourned to the next Chamber Hearing scheduled for 27th October, 2009 for proof of service.Case Name Careem Bedminster v The Queen[Criminal Appeal No. 12 of 2009]On paper:3Appellant: Steadroy C.O Benjamin & Co. Respondent: The Director of Public ProsecutionsIssue: Application for Bail pending appealResult: The Application was adjourned to the next Chamber Hearing scheduled for 27th October, 2009. Reason: There was no affidavit of service of the Application on the Respondent.Case Name Steadroy C. O.

Benjamin v Commissioner of Police et al[Civil Appeal No. 23 of 2009]On paper:Applicant: Marshall & Co. Respondents: The Attorney General’s ChambersIssue: Application for leave to appealResult: The Application was set down for hearing by the full court at its next sitting of the Court in Antigua and Barbuda scheduled for the week commencing 7th December, 2009.Reason: Being minded to refuse leave, the matter was referred to the full court in the exercise of the discretion accorded by rule 62.2(5) of the Civil Procedure Rules 2000.MONTSERRATCase Name University of Science, Arts, Technology (Montserrat) Ltd. v Roberts W. McChesney et al[Civil Appeal No. 3 of 2009]On paper:Applicant: Kelsick v KelsickRespondent: Mr. David Brandt4Issue: Application for leave to appealResult: It was ordered that:1. Leave to appeal is granted.2. Costs to be costs in the appeal.3. The appeal is to be filed. within 14 days of today’s date in accordance with CPR Pt. 62.5 and parties are to comply with CPR Pt 62.10.4. Matter

to be heard on paper by a single judge.SAINT CHRISTOPHER AND NEVISCase Name The Constituency Boundaries Commission et al v Hon. Shawn K. Richards et al[Civil Appeal No. 10 of 2009]On paper:Appellants: Mr. Arudranauth GossaiRespondents: Ms. Delara MacClure Taylor AND Mr. Elliott MacClureIssue: Application for leave to appealResult: It was ordered that:Leave is granted to the extent that such leave is necessary to The Applicants to file an Appeal against The ruling of Olivetti J dated 4thAugust, 2009. Reason: Leave is required to appeal from an order granting leave to file judicial review proceedings.SAINT VINCENT AND the GRENADINESCase Name Adnan Mkhoul v Keith Henry[Civil Appeal No. 1 of 2009]5On paper:Appellant: Robertson & RobertsonRespondent: UnrepresentedIssue: Application for leave to file Record of appeal out of timeResult: the Application was dismissed.Reason: Time does not run until the Registrar issues a notice of availability of the Transcript which has not yet been done.Case Name Erlandon Lampkin v the Queen[Criminal appeal No. 13 of

2008]On paper:Appellant: UnrepresentedRespondent: The Director of Public ProsecutionsIssue: Application for extension of time to appealResult: The Application was adjourned for hearing at the sitting of the Court of Appeal in Saint Vincent and the Grenadines scheduled for the 6th to 9thOctober, 2009.Reason: To determine whether the sentence was served. Case Name Alston Woods v Commissioner of Police[Criminal Appeal No. 7 of 2009]On paper:Appellant: UnrepresentedRespondent: The Director of Public ProsecutionsIssue: Application for discontinuation of appealResult: The Application to be placed on the status hearing list for the sitting of the 6Court of Appeal in Saint Vincent and the Grenadines scheduled for the 6thto 9th October, 2009. Reason: The Application was not properly before the Court.Case Name Jelani John v Commissioner of Police[Magisterial Criminal Appeal No. 29 of 2009]On paper:Appellant: UnrepresentedRespondent: The Director of Public ProsecutionsIssue: Application for extension of time to appealResult: The Application for extension of time to appeal was refused. Reason: There has been protracted delay (2 years) and

the excuse proffered is inadequate.TERRITORY OF THE VIRGIN ISLANDSCase Name Keshaun Huggins v The Queen[Criminal Appeal No. 5 of 2008]On paper:Appellant: Farara KerinsRespondent: The Director of Public ProsecutionsIssue: Abandonment of appealResult: Abandonment of appeal – Court notes the same. Case Name Gloria Rengifo v Rafael Montejo[Civil Appeal No. 16 of 2002]7On paper:Appellant: Harney Westwood & RiegelsRespondent: Myers, Fletcher & Gordon, O’Neal, Webster, O’NealIssue: Application for discontinuance of appealResult: The appeal was withdrawn and accordingly dismissed.