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

July 14th, 2009

2009-07-14
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Collection
Digests of Decisions
Country
Case number
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Upstream post
6377
AKN IRI
/akn/ecsc/ecsc/digest/2009/digest/july-14-2009/post-6377
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CHAMBER HEARING Tuesday 14th July 2009 Before: Hon. Michael Gordon, Justice of Appeal (Ag) SAINT LUCIA Case Name Marie Smith et al v Glen Morgan [Civil Appeal No. 21 of 2009] Appearances Appellant Mr. Gerard Williams Respondent Mrs. Wauneen Louis-Harris Issue: Application for relief from sanctions for failure to file skeleton arguments. Result:

1.Relying upon the Record the submissions for counsel of the appellant and respondent the matter will be considered by a single judge on paper.

2.Issue on costs to be addressed by both counsel with written submissions by Friday 17th July 2009.

3.Judgment to be given by 31st July 2009. Reason: To allow counsel for the appellant to look to the Eastern Caribbean Supreme Court Act (St. Lucia Cap 2:01) on the definition of interlocutory order and Civil Procedure Rules 2000 on procedural appeals. ANGUILLA Case Name Rose Jones v Michael Flemming [Civil Appeal No. 2 of 2009] Appearances: Appellant: In Person Respondent: Ms. Keesha Webster Issue: Application for extension of time to file a Notice of Appeal Result: Application for extension of time to file a Notice of Appeal is dismissed with cost of $1000.00 to the respondent. Reason: Application was not made promptly in accordance with CPR 26.8 (1), (2) ANTIGUA AND BARBUDA Case Name Marie Makhoul v Cicely Foster [Civil Appeal No. 14 of 2009] Appearances: Appellant: Marshall & Co. Respondent: In Person Issue: Application for stay of execution Result: Matter stood down. Reason: The court is not furnished with the Order of Thomas J. Case Name Ian Peters v Robert G. Spencer et al [Civil Appeal No. 16 of 2009] Appearances: Appellant: Mr. Dane Hamilton, Q.C. Respondent: In Person Issue: Application for leave to appeal against the order of Master Mathurin striking out a response to the claim. Result: 1. Application for leave is granted against the decision of master Mathurin made on the 25th May 2009 and Notice of Appeal to be filed within 14 days. 2. Costs will be costs in the appeal. GRENADA Case Name Joan Sylvester v Richmond Construction Company Ltd. [Civil Appeal No. 20 of 2006] Appearances: Appellant: Ms. Kim George Respondent: Grant, Joseph & Co. Issue: Application for appeal to be dismissed. Result: Matter adjourned to status hearing in Grenada for the week of the 23rd November 2009. SAINT VINCENT AND THE GRENADINES Case Name Edwards G. Lynch v Ralph E. Gonsalves [Civ. App. No. 2 of 2009] Appearances: Appellant: Mr. John K. Stanley Respondent: In Person Issue: Application for extension of time to file Record of Appeal Result: 1. Absent any objection on the part of the respondent the application is granted. 2. The Record of Appeal filed on the 22nd June 2009 is deemed to be properly filed. 3. No order as to costs. Case Name Noel Sutherland v Commissioner of Police [Mag. Crim. App. No. 24 of 2009] Appearances: Appellant: In Person Respondent: Issue: Application for extension of time to appeal. Result: Application for extension of time to appeal is granted. Case Name Calvin Patterson v Commissioner of Police [Mag. Crim. App. No. 26 of 2009] Appearances: Appellant: In Person Respondent: Issue: Application for extension of time to appeal Result: Application for extension of time to appeal is granted. Case Name Osbourne Jack v Commissioner of Police [Mag. Crim. App. No. 27 of 2009] Appearances: Appellant: In Person Respondent: Issue: Application for extension of time to appeal. Result: Application for extension of time to appeal is granted. Case Name Osbourne Jacobs v The Queen [Crim. App. No. 28 of 2009] Appearances: Appellant: In Person Respondent: Director of Public Prosecutions Issue: Application for extension of time for leave to appeal Result: Aplication for extension of time is granted.

CHAMBER HEARING Tuesday 14th July 2009Before: Hon. Michael Gordon, Justice of Appeal (Ag)SAINT LUCIACase Name Marie Smith et al v Glen Morgan[Civil Appeal No. 21 of 2009]AppearancesAppellant Mr. Gerard Williams Respondent Mrs. Wauneen Louis-HarrisIssue: Application for relief from sanctions for failure to file skeleton arguments.Result: 1. Relying upon the Record the submissions for counsel of the appellant and respondent the matter will be considered by a single judge on paper. 2. Issue on costs to be addressed by both counsel with written submissions by Friday 17th July 2009.3. Judgment to be given by 31st July 2009.Reason: To allow counsel for the appellant to look to the Eastern Caribbean Supreme Court Act (St. Lucia Cap 2:01) on the definition of interlocutory order and Civil Procedure Rules 2000 on procedural appeals. ANGUILLACase Name Rose Jones v Michael Flemming[Civil Appeal No. 2 of 2009]Appearances:Appellant: In PersonRespondent: Ms. Keesha WebsterIssue: Application for extension of time to file a Notice of AppealResult: Application for extension

of time to file a Notice of Appeal is dismissed with cost of $1000.00 to the respondent.Reason: Application was not made promptly in accordance with CPR 26.8 (1), (2)ANTIGUA AND BARBUDACase Name Marie Makhoul v Cicely Foster[Civil Appeal No. 14 of 2009]Appearances:Appellant: Marshall & Co.Respondent: In PersonIssue: Application for stay of executionResult: Matter stood down. Reason: The court is not furnished with the Order of Thomas J.Case Name Ian Peters v Robert G. Spencer et al [Civil Appeal No. 16 of 2009]Appearances:Appellant: Mr. Dane Hamilton, Q.C.Respondent: In PersonIssue: Application for leave to appeal against the order of Master Mathurin striking out a response to the claim.Result: 1. Application for leave is granted against the decision of master Mathurin made on the 25th May 2009 and Notice of Appeal to be filed within 14 days.2. Costs will be costs in the appeal. GRENADACase Name Joan Sylvester v Richmond Construction Company Ltd. [Civil Appeal No. 20 of 2006]Appearances:Appellant: Ms. Kim GeorgeRespondent: Grant,

Joseph & Co.Issue: Application for appeal to be dismissed.Result: Matter adjourned to status hearing in Grenada for the week of the 23rd November 2009.SAINT VINCENT AND THE GRENADINESCase Name Edwards G. Lynch v Ralph E. Gonsalves[Civ. App. No. 2 of 2009]Appearances:Appellant: Mr. John K. StanleyRespondent: In PersonIssue: Application for extension of time to file Record of AppealResult: 1. Absent any objection on the part of the respondent the application is granted. 2. The Record of Appeal filed on the 22nd June 2009 is deemed to be properly filed.3. No order as to costs. Case Name Noel Sutherland v Commissioner of Police[Mag. Crim. App. No. 24 of 2009]Appearances:Appellant: In PersonRespondent:Issue: Application for extension of time to appeal.Result: Application for extension of time to appeal is granted.Case Name Calvin Patterson v Commissioner of Police[Mag. Crim. App. No. 26 of 2009]Appearances:Appellant: In PersonRespondent:Issue: Application for extension of time to appealResult: Application for extension of time to appeal is granted. Case Name Osbourne Jack

v Commissioner of Police[Mag. Crim. App. No. 27 of 2009]Appearances:Appellant: In PersonRespondent:Issue: Application for extension of time to appeal. Result: Application for extension of time to appeal is granted. Case Name Osbourne Jacobs v The Queen[Crim. App. No. 28 of 2009]Appearances:Appellant: In PersonRespondent: Director of Public ProsecutionsIssue: Application for extension of time for leave to appealResult: Aplication for extension of time is granted.

PDF extraction

CHAMBER HEARING Tuesday 14th July 2009 Before: Hon. Michael Gordon, Justice of Appeal (Ag) SAINT LUCIA Case Name Marie Smith et al v Glen Morgan [Civil Appeal No. 21 of 2009] Appearances Appellant Mr. Gerard Williams Respondent Mrs. Wauneen Louis-Harris Issue: Application for relief from sanctions for failure to file skeleton arguments. Result:

1.Relying upon the Record the submissions for counsel of the appellant and respondent the matter will be considered by a single judge on paper.

2.Issue on costs to be addressed by both counsel with written submissions by Friday 17th July 2009.

3.Judgment to be given by 31st July 2009. Reason: To allow counsel for the appellant to look to the Eastern Caribbean Supreme Court Act (St. Lucia Cap 2:01) on the definition of interlocutory order and Civil Procedure Rules 2000 on procedural appeals. ANGUILLA Case Name Rose Jones v Michael Flemming [Civil Appeal No. 2 of 2009] Appearances: Appellant: In Person Respondent: Ms. Keesha Webster Issue: Application for extension of time to file a Notice of Appeal Result: Application for extension of time to file a Notice of Appeal is dismissed with cost of $1000.00 to the respondent. Reason: Application was not made promptly in accordance with CPR 26.8 (1), (2) ANTIGUA AND BARBUDA Case Name Marie Makhoul v Cicely Foster [Civil Appeal No. 14 of 2009] Appearances: Appellant: Marshall & Co. Respondent: In Person Issue: Application for stay of execution Result: Matter stood down. Reason: The court is not furnished with the Order of Thomas J. Case Name Ian Peters v Robert G. Spencer et al [Civil Appeal No. 16 of 2009] Appearances: Appellant: Mr. Dane Hamilton, Q.C. Respondent: In Person Issue: Application for leave to appeal against the order of Master Mathurin striking out a response to the claim. Result: 1. Application for leave is granted against the decision of master Mathurin made on the 25th May 2009 and Notice of Appeal to be filed within 14 days. 2. Costs will be costs in the appeal. GRENADA Case Name Joan Sylvester v Richmond Construction Company Ltd. [Civil Appeal No. 20 of 2006] Appearances: Appellant: Ms. Kim George Respondent: Grant, Joseph & Co. Issue: Application for appeal to be dismissed. Result: Matter adjourned to status hearing in Grenada for the week of the 23rd November 2009. SAINT VINCENT AND THE GRENADINES Case Name Edwards G. Lynch v Ralph E. Gonsalves [Civ. App. No. 2 of 2009] Appearances: Appellant: Mr. John K. Stanley Respondent: In Person Issue: Application for extension of time to file Record of Appeal Result: 1. Absent any objection on the part of the respondent the application is granted. 2. The Record of Appeal filed on the 22nd June 2009 is deemed to be properly filed. 3. No order as to costs. Case Name Noel Sutherland v Commissioner of Police [Mag. Crim. App. No. 24 of 2009] Appearances: Appellant: In Person Respondent: Issue: Application for extension of time to appeal. Result: Application for extension of time to appeal is granted. Case Name Calvin Patterson v Commissioner of Police [Mag. Crim. App. No. 26 of 2009] Appearances: Appellant: In Person Respondent: Issue: Application for extension of time to appeal Result: Application for extension of time to appeal is granted. Case Name Osbourne Jack v Commissioner of Police [Mag. Crim. App. No. 27 of 2009] Appearances: Appellant: In Person Respondent: Issue: Application for extension of time to appeal. Result: Application for extension of time to appeal is granted. Case Name Osbourne Jacobs v The Queen [Crim. App. No. 28 of 2009] Appearances: Appellant: In Person Respondent: Director of Public Prosecutions Issue: Application for extension of time for leave to appeal Result: Aplication for extension of time is granted.

WordPress

CHAMBER HEARING Tuesday 14th July 2009Before: Hon. Michael Gordon, Justice of Appeal (Ag)SAINT LUCIACase Name Marie Smith et al v Glen Morgan[Civil Appeal No. 21 of 2009]AppearancesAppellant Mr. Gerard Williams Respondent Mrs. Wauneen Louis-HarrisIssue: Application for relief from sanctions for failure to file skeleton arguments.Result: 1. Relying upon the Record the submissions for counsel of the appellant and respondent the matter will be considered by a single judge on paper. 2. Issue on costs to be addressed by both counsel with written submissions by Friday 17th July 2009.3. Judgment to be given by 31st July 2009.Reason: To allow counsel for the appellant to look to the Eastern Caribbean Supreme Court Act (St. Lucia Cap 2:01) on the definition of interlocutory order and Civil Procedure Rules 2000 on procedural appeals. ANGUILLACase Name Rose Jones v Michael Flemming[Civil Appeal No. 2 of 2009]Appearances:Appellant: In PersonRespondent: Ms. Keesha WebsterIssue: Application for extension of time to file a Notice of AppealResult: Application for extension

of time to file a Notice of Appeal is dismissed with cost of $1000.00 to the respondent.Reason: Application was not made promptly in accordance with CPR 26.8 (1), (2)ANTIGUA AND BARBUDACase Name Marie Makhoul v Cicely Foster[Civil Appeal No. 14 of 2009]Appearances:Appellant: Marshall & Co.Respondent: In PersonIssue: Application for stay of executionResult: Matter stood down. Reason: the court is not furnished with the Order of Thomas J.Case Name Ian Peters v Robert G. Spencer et al [Civil Appeal No. 16 of 2009]Appearances:Appellant: Mr. Dane Hamilton, Q.C.Respondent: In PersonIssue: Application for leave to appeal against the order of Master Mathurin striking out a response to the claim.Result: 1. Application for leave is granted against the decision of master Mathurin made on the 25th May 2009 and Notice of Appeal to be filed within 14 days.2. Costs will be costs in the appeal. GRENADACase Name Joan Sylvester v Richmond Construction Company Ltd. [Civil Appeal No. 20 of 2006]Appearances:Appellant: Ms. Kim GeorgeRespondent: Grant,

Joseph & Co.Issue: Application for appeal to be dismissed.Result: Matter adjourned to status hearing in Grenada for the week of the 23rd November 2009.SAINT VINCENT AND THE GRENADINESCase Name Edwards G. Lynch v Ralph E. Gonsalves[Civ. App. No. 2 of 2009]Appearances:Appellant: Mr. John K. StanleyRespondent: In PersonIssue: Application for extension of time to file Record of AppealResult: 1. Absent any objection on the part of the respondent the application is granted. 2. The Record of Appeal filed on the 22nd June 2009. is deemed to be properly filed.3. No order as to costs. Case Name Noel Sutherland v Commissioner of Police[Mag. Crim. App. No. 24 of 2009]Appearances:Appellant: In PersonRespondent:Issue: Application for extension of time to appeal.Result: Application for extension of time to appeal is granted.Case Name Calvin Patterson v Commissioner of Police[Mag. Crim. App. No. 26 of 2009]Appearances:Appellant: In PersonRespondent:Issue: Application for extension of time to appealResult: Application for extension of time to appeal is granted. Case Name Osbourne Jack

v Commissioner of Police[Mag. Crim. App. No. 27 of 2009]Appearances:Appellant: In PersonRespondent:Issue: Application for extension of time to appeal. Result: Application for extension of time to appeal is granted. Case Name Osbourne Jacobs v The Queen[Crim. App. No. 28 of 2009]Appearances:Appellant: In PersonRespondent: Director of Public ProsecutionsIssue: Application for extension of time for leave to appealResult: Aplication for extension of time is granted.

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