March 9th – 10th, 2009

COURT OF APPEAL SITTING ANTIGUA and BARBUDA Monday 9th March to Tuesday 10th March 2009 Date: Monday 9th March 2009 Coram: Her Ladyship the Hon. Janice George-Creque Justice of Appeal , President Her Ladyship the Hon. Rita Joseph-Olivetti Justice of Appeal (Ag.) His Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) HIGH COURT CIVIL APPEALS Case Name: Romig W. Michael v Heather Michael (Civil Appeal No. 15 of 2008) Appearances: Appellant: Mr. Dane Hamilton QC Respondent: Miss Kamilah Roberts holding for Sir Clare Roberts QC Issue: Appeal against decision of trial judge Result: By consent the matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda Reason: HIGH COURT CRIMINAL APPEALS Case Name: Javaughn Colbourne v The Queen (Criminal Appeal No. 2 of 2006) Appearances:

Appellant: Mr. Cosbert Cumberbatch Respondent: Mr. Anthony Armstrong DPP Issue: Appeal against conviction/Murder Result: By consent the matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda Reason: Case Name: Courtney Hunte v The Queen (Criminal Appeal No. 4 of 2006) Appearances: Appellant: Mr. Cosbert Cumberbatch holding for Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong Director of Public Prosecutions Issue: Appeal against sentence/Manslaughter Result: By consent the matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda Reason: Attorney with conduct of the matter was unavoidably absent due to involvement in the general elections MAGISTERIAL CRIMINAL AGAISNT SENTENCE Case Name: Donald G. A-L Dorsett v The Commissioner of Police (Magisterial Criminal Appeal No. 4 of 2008) Appearances: Appellant: Mr. Cosbert Cumberbatch holding for Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong Director Public Prosecution

Issue: Appeal against sentence/Importation of a Controlled Drug Result: By consent the matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda Reason: Attorney with conduct of the matter was unavoidably absent due to involvement in the general elections APPLICATIONS Case Name: Joseph W. Horsford v Lester B. Bird et al (Civil Appeal No. 5 of 2008) Appearances: Appellant: Mr. Joseph W. Horsford in person Respondent: Miss Leslie-Ann Brisett Issue: Application to Correct an Order Result: Order will be corrected to include those sums which were awarded at paragraph 13 of the judgment Reason: Case Name: Janice Reynolds-Greene v Community First Coperative Credit Union (Civil Appeal No. 27 of 2008) Appearances: Appellant: Mrs. Janice Reynolds-Greene in person Respondent: Mrs. Shahida Ali-Schneider Issue: Application for Stay of Execution Result: Stay of Execution granted

Reason: The Court was satisfied that in the circumstances there is likelihood that Appellant could be ruined coupled with the fact that the prejudice to the Respondent would be less than to the Appellant HIGH COURT CIVIL APPEALS Case Name: Franklyn Reynolds v State Insurance Corporation (Civil Appeal No. 5 of 2007) Appearances: Appellant: Mr. Dane Hamilton QC Respondent: Mrs. Denise Jonas-Parillon Issue: Appeal against decision of the trial Judge that the Appellant was entitled to be indemnified by the Respondent Result: (1) The Respondent shall identify by notice in writing to Appellant those documents that are required to be included in the record no later than Monday 16th March, 2009 th (2) The Appellant, if agreed that documents are to be included, then a supplemental record to be prepared, filed and served by 25 March, 2009(.Comment : this is grammatically incorrect, no verb - is it intended tha the Appellant file etc??) (3) The Respondent to file and serve skeleton arguments in accordance with 62.11of CPR by 31 st March, 2009 and the Appellant to file and serve a reply skeleton argument by 17th April, 2009 (4) Chronology of events to be filed and served by Appellant on 17 th April, 2009 Reason: MATTERS HEARD IN CHAMBERS BEFORE HER LADYSHIP THE HON. OLA MAE EDWARDS JUSTICE OF APPEAL

APPLICATIONS Case Name: Antigua Aggregates Limited v The Attorney General of Antigua and Barbuda et al (Civil Appeal No. 3 of 2009) Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mrs. Karen Defrietas-Rait for 1st Respondent Miss Kamilah Roberts for 2nd Respondent Issue: Application for Leave to Appeal Result: (1) Application for leave to appeal decision of Court made on 5th February, 2009 and filed on 18th February, 2009 is hereby granted (2) The draft notice of appeal which was filed on 18 th February, 2009 is to stand as notice of appeal and the date of the decision which is the subject of the appeal is amended to read 5th February, 2009 rd (3) The record of appeal and skeleton submission in support of the appeal to be filed and served by the Appellant on or before 23 March, 2009 rd (4) The Respondent may file and serve written submissions in opposition to the appeal by 3 April, 2009 (5) The Procedural appeal will be determined by a single Judge of the Court of Appeal on paper. (6) Determination of costs to be in the appeal Reason: Case Name: Caribbean Star Airlines Limited v Keith Thompson et al (Civil Appeal No. 34 of 2008) Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Dr. David Dorsett

Issue: Application for Stay of Execution Result: (1) Application for stay of execution of the judgment of the Industrial Court delivered on 28th November, 2008 which was filed on 30th December, 2008 is hereby granted (2) The execution of the said judgment is stayed pending the determination of the appeal (3) The determination of costs are to be in the appeal Reason: Case Name: Caribbean Star Airlines Limited v Elliott A. Street (Civil Appeal No. 33 of 2008) Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Dr. David Dorsett Issue: Application for Stay of Execution Result: (1) Application for stay of execution of the judgment delivered on the 27th November, 2008 which was filed on the 30th November, 2008 is hereby granted (2) The execution of the said judgment is stayed pending the determination of the appeal (3) The determination of costs are to be in the appeal Reason: Case Name: Caribbean Star Airlines Limited v Ricardo Sealy (Civil Appeal No. 21 of 2008) Appearances: Appellant: Mr. Hugh Marshall Jr. and Mrs. Cherissa Thomas Respondent: Dr. David Dorsett Issue: Application for Stay of Execution

Result: Application to deem the notice of appeal filed on the 13th December, 2008 validly filed is dismissed with cost of $1000.00 to Respondent Reason: Case Name: Sharon Christian-Weeks v Glen Weeks (Civil Appeal No. 2 of 2009) Appearances: Appellant: Miss Veronica Thomas Respondent: Mrs. Laurie Freeland-Roberts Issue: Application for Extension of time to apply for leave to appeal/Leave to appeal Result: (1) Application part heard and adjourned to the 24th March, 2009 th (2) The parties are to report on the consent application being made in the High Court for a variation of paragraph 2 of the mediation agreement dated the 29 May, 2008 to reflect the following: “an independent current valuation of the property is to be commissioned by a valuator agreed on by the parties at the joint expense of the parties to establish the base value of the property (3) A copy of the application and draft consent order are to be transmitted to the Court of Appeal by the 20 th March, 2009 by Counsel of the parties Reason: Date: Tuesday 10th March 2009 Coram: Her Ladyship the Hon. Ola Mae Edwards Justice of Appeal , President Her Ladyship the Hon. Janice George-Creque Justice of Appeal

His Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) APPLICATIONS Case Name: The Public Utilities Authority v Lester Bryant Bird et al (Civil Appeal No. 14 of 2008) Appearances: Appellant: Mr. Craig Christopher led by Sir Richard Cheltenham QC Respondent: Mr. Peyton Knight led by Mr. Roger Forde QC for the 5th Respondent Miss Kamilah Roberts and Mr. Steven Singh led by Sir Clare Roberts QC for the 10th Respondent Mr. Charlesworth Browne holding papers for Mrs. Nelleen Rogers-Murdoch for the 9th Respondent Issue: Application for Leave to Appeal Result: (1) Application for leave to appeal is part heard to July, 2008 be completed upon the filing of a proper record of appeal paginated and indexed containing the pleadings, all of the case management orders and an agreed memorandum of Counsel for the parties concerning the oral hearing and making of the order dated 3rd (2) The said record must be filed served and transmitted to the Court of Appeal by 31 st March, 2009 Reason: The Chief or Deputy Chief Registrar will consult with counsel for the parties after the 31st March 2009 with a view to the hearing being completed by the same coram in St Lucia as soon as possible . HIGH COURT CIVIL APPEALS Case Name: Alfa Telecom Turkey Limited v Cukurova Finance International Limited et al – Territory of the Virgin Islands (Civil Appeal No. 1 of 2009)

Appearances: Appellant: Mr. Steven Smith QC with Mr. Robert Levy and Mr. Oliver Clifton Respondent: Mr. Kenneth MacLean QC with Mr. James Nadin Issue: Application for Appeal against decision ( refusing?)for Summary Judgment Result: Judgment reserved Reason: The Court will take time to consider

COURT OF APPEAL SITTING ANTIGUA and BARBUDA Monday 9th March to Tuesday 10th March 2009 Date: Monday 9 th March 2009 Coram: Her Ladyship the Hon. Janice George-Creque Justice of Appeal , President Her Ladyship the Hon. Rita Joseph-Olivetti Justice of Appeal (Ag.) His Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) HIGH COURT CIVIL APPEALS Case Name: Romig W. Michael v Heather Michael (Civil Appeal No. 15 of 2008) Appearances: Appellant: Mr. Dane Hamilton QC Respondent: Miss Kamilah Roberts holding for Sir Clare Roberts QC Issue: Appeal against decision of trial judge Result: By consent the matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda Reason: HIGH COURT CRIMINAL APPEALS Case Name: Javaughn Colbourne v The Queen (Criminal Appeal No. 2 of 2006) Appearances:Appellant: Mr. Cosbert Cumberbatch Respondent: Mr. Anthony Armstrong DPP Issue: Appeal against conviction/Murder Result: By consent the matter is traversed to the next sitting of the Court

of Appeal in Antigua and Barbuda Reason: Case Name: Courtney Hunte v The Queen (Criminal Appeal No. 4 of 2006) Appearances: Appellant: Mr. Cosbert Cumberbatch holding for Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong Director of Public Prosecutions Issue: Appeal against sentence/Manslaughter Result: By consent the matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda Reason: Attorney with conduct of the matter was unavoidably absent due to involvement in the general elections MAGISTERIAL CRIMINAL AGAISNT SENTENCE Case Name: Donald G. A-L Dorsett v The Commissioner of Police (Magisterial Criminal Appeal No. 4 of 2008) Appearances: Appellant: Mr. Cosbert Cumberbatch holding for Mr. Steadroy Benjamin Respondent: Mr. Anthony Armstrong Director Public ProsecutionIssue: Appeal against sentence/Importation of a Controlled Drug Result: By consent the matter is traversed to the next sitting of the Court of Appeal in Antigua and Barbuda Reason: Attorney with conduct of the matter was unavoidably absent due to involvement in the

general elections APPLICATIONS Case Name: Joseph W. Horsford v Lester B. Bird et al (Civil Appeal No. 5 of 2008) Appearances: Appellant: Mr. Joseph W. Horsford in person Respondent: Miss Leslie-Ann Brisett Issue: Application to Correct an Order Result: Order will be corrected to include those sums which were awarded at paragraph 13 of the judgment Reason: Case Name: Janice Reynolds-Greene v Community First Coperative Credit Union (Civil Appeal No. 27 of 2008) Appearances: Appellant: Mrs.Janice Reynolds-Greene in person Respondent: Mrs. Shahida Ali-Schneider Issue: Application for Stay of Execution Result: Stay of Execution grantedReason: The Court was satisfied that in the circumstances there is likelihood that Appellant could be ruined coupled with the fact that the prejudice to the Respondent would be less than to the Appellant HIGH COURT CIVIL APPEALS Case Name: Franklyn Reynolds v State Insurance Corporation (Civil Appeal No. 5 of 2007) Appearances: Appellant: Mr. Dane Hamilton QC Respondent: Mrs. Denise Jonas-Parillon Issue: Appeal against decision of

The trial Judge that the Appellant was entitled to be indemnified by the Respondent Result: (1) The Respondent shall identify by notice in writing to Appellant those documents that are required to be included in the record no later than Monday 16th (2) The Appellant, if agreed that documents are to be included, then a supplemental record to be prepared, filed and served by 25 March, 2009 th (3) The Respondent to file and serve skeleton arguments in accordance with 62.11of CPR by 31 March, 2009(.Comment : this is grammatically incorrect, no verb -is it intended tha the Appellant file etc??) st March, 2009 and the Appellant to file and serve a reply skeleton argument by 17th (4) Chronology of events to be filed and served by Appellant on 17 April, 2009 th April, 2009 Reason: MATTERS HEARD IN CHAMBERS BEFORE HER LADYSHIP THE HON. OLA MAE EDWARDS JUSTICE OF APPEALAPPLICATIONS Case Name: Antigua Aggregates Limited v The Attorney General

of Antigua and Barbuda et al (Civil Appeal No. 3 of 2009) Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Mrs. Karen Defrietas-Rait for 1st Respondent Miss Kamilah Roberts for 2ndRespondent Issue: Application for Leave to Appeal Result: (1) Application for leave to appeal decision of Court made on 5 th February, 2009 and filed on 18th (2) The draft notice of appeal which was filed on 18 February, 2009 is hereby granted th February, 2009 is to stand as notice of appeal and the date of the decision which is the subject of the appeal is amended to read 5th (3) The record of appeal and skeleton submission in support of the appeal to be filed and served by the Appellant on or before 23 February, 2009 rd (4) The Respondent may file and serve written submissions in opposition to the appeal by 3 March, 2009 rd (5) The Procedural appeal will be determined by a single Judge of the

Court of appeal on paper. April, 2009 (6) determination of costs to be in the appeal Reason: Case Name: Caribbean Star Airlines Limited v Keith Thompson et al (Civil Appeal No. 34 of 2008) Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Dr. David DorsettIssue: Application for Stay of Execution Result: (1) Application for stay of execution of the judgment of the Industrial Court delivered on 28th November, 2008 which was filed on 30th (2) The execution of the said judgment is stayed pending the determination of the appeal December, 2008 is hereby granted (3) The determination of costs are to be in the appeal Reason: Case Name: Caribbean Star Airlines Limited v Elliott A. Street (Civil Appeal No. 33 of 2008) Appearances: Appellant: Mr. Hugh Marshall Jr. Respondent: Dr. David Dorsett Issue: Application for Stay of Execution Result: (1) Application for stay of execution of the judgment delivered on the 27th November, 2008 which was filed on the 30th (2)

The execution of the said judgment is stayed pending the determination of the appeal November, 2008 is hereby granted (3) The determination of costs are to be in the appeal Reason: Case Name: Caribbean Star Airlines Limited v Ricardo Sealy (Civil Appeal No. 21 of 2008) Appearances: Appellant: Mr. Hugh Marshall Jr. and Mrs. Cherissa Thomas Respondent: Dr. David Dorsett Issue: Application for Stay of ExecutionResult: Application to deem the notice of appeal filed on the 13th December, 2008 validly filed is dismissed with cost of $1000.00 to Respondent Reason: Case Name: Sharon Christian-Weeks v Glen Weeks (Civil Appeal No. 2 of 2009) Appearances: Appellant: Miss Veronica Thomas Respondent: Mrs. Laurie Freeland-Roberts Issue: Application for Extension of time to apply for leave to appeal/Leave to appeal Result: (1) Application part heard and adjourned to the 24th (2) The parties are to report on the consent application being made in the High Court for a variation of paragraph 2 of the

mediation agreement dated the 29 March, 2009 th (3) A copy of the application and draft consent order are to be transmitted to the Court of Appeal by the 20 May, 2008 to reflect the following: “an independent current valuation of the property is to be commissioned by a valuator agreed on by the parties at the joint expense of the parties to establish the base value of the property th March, 2009 by Counsel of the parties Reason: Date: Tuesday 10th March 2009 Coram: Her Ladyship the Hon. Ola Mae Edwards Justice of Appeal , President Her Ladyship the Hon. Janice George-Creque Justice of AppealHis Lordship the Hon. Michael Gordon QC Justice of Appeal (Ag.) APPLICATIONS Case Name: The Public Utilities Authority v Lester Bryant Bird et al (Civil Appeal No. 14 of 2008) Appearances: Appellant: Mr. Craig Christopher led by Sir Richard Cheltenham QC Respondent: Mr. Peyton Knight led by Mr. Roger Forde QC for the 5 thRespondent

Miss Kamilah Roberts and Mr. Steven Singh led by Sir Clare Roberts QC for the 10thRespondent Mr. Charlesworth Browne holding papers for Mrs. Nelleen Rogers-Murdoch for the 9th Respondent: Issue: Application for Leave to Appeal Result: (1) Application for leave to appeal is part heard to be completed upon the filing of a proper record of appeal paginated and indexed containing the pleadings, all of the case management orders and an agreed memorandum of Counsel for the parties concerning the oral hearing and making of the order dated 3rd (2) The said record must be filed served and transmitted to theCourt of Appeal by 31 July, 2008 st March, 2009 Reason: The Chief or Deputy Chief Registrar will consult with counsel for the parties after the 31st March 2009 with a view to the hearing being completed by the same coram in St Lucia as soon as possible . HIGH COURT CIVIL APPEALS Case Name: Alfa Telecom Turkey Limited v

Cukurova Finance International Limited et al –Territory of the Virgin Islands (Civil Appeal No. 1 of 2009)Appearances: Appellant: Mr. Steven Smith QC with Mr. Robert Levy and Mr. Oliver Clifton Respondent: Mr. Kenneth MacLean QC with Mr. James Nadin Issue: Application for Appeal against decision ( refusing?)for Summary Judgment Result: Judgment reserved Reason: The Court will take time to consider