June 16th, 2009

CHAMBER HEARING Tuesday 16th June, 2009 BEFORE The Hon. Mde. Janice George-Creque, Justice of Appeal SAINT LUCIA Case Name The Saint Lucia Chamber of Commerce, Industry & Agriculture v Vela Samuel [Civil Appeal No. 12 of 2008] Appearances: Applicant/ Respondent: Ms. Lydia Faisal Respondent/ Appellant: Mr. Mark Maragh Issue: Application to strike out Notice of Appeal Result:

1.The Application is dismissed.

2.The Appellant to file written submissions in support of appeal no later than Friday 19th June, 2009 failing which the appeal shall be struck out.

3.The Respondent shall serve written submissions in opposition in accordance with r. 62.10 of the CPR 2000. The Respondent is at liberty to file written submissions in response within 7 days of service of the Appellant’s written submissions.

4.Costs agreed in the sum of $1500.00 to be paid by the Appellant. Reason: The objective of the CPR 2000 is to do justice between the parties. There is a valid appeal pending before the court notwithstanding the inordinate delay in prosecuting the appeal. The Appellant should not however be granted relief from sanctions because of dilatory conduct in prosecuting the appeal and noncompliance with the rules. Case Name The Attorney General v Moses Malcolm Samson [Civil Appeal No. 22 of 2009] Appearances: Appellant/ Applicant: Mrs. Georgis Taylor-Alexander, Solicitor General Respondent: No appearance Issue: Application for extension of time to appeal Result: 1. The Application is adjourned to the next sitting of the Court of Appeal in Saint Lucia on 6th – 10 July, 2009. 2. Written submissions to be filed and served by the Applicant no later than Tuesday 23rd June, 2009. 3. Any notice opposing the Application to be filed and served no later than Tuesday 30th June, 2009 and the notice of opposition to be accompanied by the skeleton arguments of the Respondent. Reason: The Respondent’s Counsel, who is not on the record, was not served with the Notice of Hearing. Case Name Charles Anthony v Imbert Simon [Civil Appeal No. 20 of 2009] Appearances: Applicant: Mr. Gerard Williams Respondent: Ms. Diana Thomas Issue: Application for Leave to Appeal Result: Application for Leave to Appeal is granted. Reason: Any result flowing from an improper procedure ought not to stand. There is accordingly good ground for allowing this procedural appeal. Case Name Modeste Joseph et al v Priscilla Durancy et al [Civil Appeal No. 16 of 2009] Appearances: Applicants: Mr. Horace Fraser Respondents: No appearance Issue: Application for Leave to appeal Result: 1. The Application for Leave to Appeal is granted. 2. The appeal to proceed as a procedural appeal. Reason: The Application is unopposed and the Court is satisfied that there is a realistic prospect of success. Case Name Caius Sargusingh v Margaret Sargusingh [Civil Appeal No. 6 of 2008] Appearances: Applicant: Mr. Ermin Moise Respondent: Mr. Jeannot-Michel Walters Issue: Application for Stay of Execution Result: The Application for Stay of Execution is granted pending the hearing and determination of the appeal. Reason: The Application is unopposed. ANTIGUA AND BARBUDA Case Name The Police Service Commission v Gary Nelson [Civil Appeal No. 11 of 2009] On paper: Applicant: Watt & Associates Respondents: Dane Hamilton & Associates Issue: Application for Leave to Appeal Application for Stay of Proceedings Result: 1. The Application for Leave to Appeal is granted. 2. The appeal to proceed as a procedural appeal. 3. All proceedings in the High Court are also stayed pending the determination of the appeal. Reason: The Application is unopposed and the Court is satisfied that there is a realistic prospect of success on appeal. Case Name George Duberry v Bertrand Burke [Civil Appeal No. 12 of 2009] and [Civil Appeal No. 13 of 2009] On paper: Appellant/ Respondent: Watt & Associates Respondent/ Appellant: Henry & Burnette Issue: Applications for Leave to appeal Result: The Applications for Leave to Appeal in Civil Appeals No. 12 and 13 of 2009 to be consolidated and, in light of the fact that there are no written reasons to date, the Applications are adjourned for hearing before the Full Court sitting in Antigua and Barbuda scheduled for 22nd – 24th July, 2009. Case Name Marie Makhoul v Cicely Foster [Civil Appeal No. 14 of 2009] On paper: Appellant: Marshall & Co. Respondent: Unrepresented Issue: Application for Stay of Execution Result and Reason: The Application is adjourned to the next Chamber date fixed for 14th July, 2009 due to short service of the Notice of Application. COMMONWEALTH OF DOMINICA Case Name The Attorney General of the Commonwealth of Dominica et al v Gildon Richards [Civil Appeal No. 15 of 2008] On paper: Appellant: The Attorney General Respondent: Unrepresented Issue: Application for Extension of time to appeal Result: The Application is adjourned to a hearing before the Full Court sitting in the Commonwealth of Dominica scheduled for 16th – 18th September, 2009. SAINT CHRISTOPHER AND NEVIS Case Name Mary Herbert v Desmond Herbert [Civil Appeal No. 3 of 2009] Appearances: Appellant: Mr. Vernon S. Veira Respondent: Buttler, Buttler & Buttler Issue: Application for Leave to Appeal Application for Stay of Execution Result: 1. The Application for Leave to Appeal the Order of Justice Francis Belle made on 3rd April, 2009 striking out the Applicant’s amended petition of Divorce is granted. 2. The Stay of Execution is refused. 3. Costs of the Application in the appeal. Reason: The Application is unopposed. However with regard to the Stay of Execution the Application does not meet the criteria for a stay. Further, no evidence that costs has been assessed so as to give rise to an execution in respect of such costs. SAINT VINCENT AND THE GRENADINES Case Name Lennox Pompey v The Queen [Criminal Appeal No .16 of 2007] On paper: Appellant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for leave to add additional grounds of appeal Result: Leave is granted to the Appellant to amend the Notice of Appeal by adding the additional grounds contained in the Letter Application of the Appellant. Reason: Notice was served on the Director of Public Prosecutions and there was no objection to the additional grounds. Case Name Calbert Toney v The Queen [Criminal Appeal No. 15 of 2007] On paper: Appellant: Unrepresented Respondent: The Director of Public Prosecutions Issue: Application for leave to add additional grounds of appeal Result: Leave is granted to the Appellant to amend the Notice of Appeal by adding the additional grounds contained in the Letter Application of the Appellant. Reason: Notice was served on the Director of Public Prosecutions and there was no objection to the additional grounds. BEFORE The Hon Ola Mae Edwards, Justice of Appeal ANGUILLA Case Name Rose Jones v Michael Fleming [Civil Appeal No. 2 of 2009] On paper: Appellant: Caribbean Associated Attorneys Respondent: Astaphan’s Chambers Issue: Application for extension of time to appeal Result: 1. The Application for extension of time to file a Notice of Appeal which was filed on 5th June, 2009 is adjourned to 14th July, 2009 for determination on paper by a single Judge in Chambers. 2. The Applicant is to file, serve and transmit to the Court of Appeal on or before 6th July, 2009 skeleton arguments in support of the application in compliance with Practice Direction No. 3 of 2008 PD 3(a). 3. The Respondent is to file, serve and transmit to the Court of Appeal on or before 30th June, 2009 a notice indicating whether the Application is being opposed in compliance with Practice Direction No. 2 of 2008 PD2(b)(ii) and an opposing affidavit where necessary along with skeleton arguments if it is being opposed.

CHAMBER HEARING Saint Lucia Tuesday 16th June, 2009