10th October 2012
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- 6257
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6257-1361806322_magicfields_pdf_file_upload_1_1.pdf current 2026-06-21 03:32:25.183482+00 · 8,330 B
CHAMBER HEARING Wednesday, 10th October 2012 HEARING (ST. LUCIA) Before: The Hon. Mr. Davidson K. Baptiste, Justice of Appeal Case Name: Christian Brown (representing the estate of Wayne Brown) v
[1]Paul Limrick
[2]Theresa Limrick (nee Balkaran) [High Court Civil Appeal No. 26 of 2012] Appearances: Applicant / Intended Appellant: Mr. Eghan Modeste Respondent: Ms. Shan Greer Issues: Application for leave to appeal – Application for stay of execution Result / Order: [Oral delivery] 1. Leave to appeal the Master’s decision dated 27th August 2012 on the following grounds is granted: (i) 2.1 (ii) 2.2 (iii) 2.4 (iv) 2.8 (v) 2.9 (vi) 2.10 (vii) 2.11 2. The application to stay the execution of the decision of the Master is refused as no proper basis has been advanced for the grant of a stay. The applicant has not evinced a real risk of injustice.
3.There will be no order as to costs in as much as both parties have achieved some success in the case. Reason: The Court was of the view that the applicant showed a reasonable prospect of success on the aforementioned grounds. The Court, however, determined that there was no real risk of injustice hence the application for a stay was refused.
1CHAMBER HEARING Wednesday, 10th October 2012 HEARING (ST. LUCIA) Before: The Hon. Mr. Davidson K. Baptiste, Justice of Appeal Case Name: Christian Brown (representing the estate of Wayne Brown) v
[1]Paul Limrick
[2]Theresa Limrick (nee Balkaran) [High Court Civil Appeal No. 26 of 2012] Appearances: Applicant / Intended Appellant: Mr. Eghan Modeste Respondent: Ms. Shan Greer Issues: Application for leave to appeal – Application for stay of execution Result / Order: [Oral delivery] 1. Leave to appeal the Master’s decision dated 27thAugust 2012 on the following grounds is granted: (i) 2.1 (ii) 2.2 (iii) 2.4 (iv) 2.8 (v) 2.9 (vi) 2.10 (vii) 2.11 2. The application to stay the execution of the decision of the Master is refused as no proper basis has been advanced for the grant of a stay. The applicant has not evinced a real risk of injustice. 23. There will be no order as to costs in as much as both parties have achieved some success in the case. Reason: The Court was of the view that the applicant showed a reasonable prospect of success on the aforementioned grounds. The Court, however, determined that there was no real risk of injustice hence the application for a stay was refused.
PDF extraction
CHAMBER HEARING Wednesday, 10th October 2012 HEARING (ST. LUCIA) Before: The Hon. Mr. Davidson K. Baptiste, Justice of Appeal Case Name: Christian Brown (representing the estate of Wayne Brown) v
[1]Paul Limrick
[2]Theresa Limrick (nee Balkaran) [High Court Civil Appeal No. 26 of 2012] Appearances: Applicant / Intended Appellant: Mr. Eghan Modeste Respondent: Ms. Shan Greer Issues: Application for leave to appeal – Application for stay of execution Result / Order: [Oral delivery] 1. Leave to appeal the Master’s decision dated 27th August 2012 on the following grounds is granted: (i) 2.1 (ii) 2.2 (iii) 2.4 (iv) 2.8 (v) 2.9 (vi) 2.10 (vii) 2.11 2. The application to stay the execution of the decision of the Master is refused as no proper basis has been advanced for the grant of a stay. The applicant has not evinced a real risk of injustice.
3.There will be no order as to costs in as much as both parties have achieved some success in the case. Reason: The Court was of the view that the applicant showed a reasonable prospect of success on the aforementioned grounds. The Court, however, determined that there was no real risk of injustice hence the application for a stay was refused.
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1CHAMBER HEARING Wednesday, 10th October 2012 HEARING (ST. LUCIA) Before: The Hon. Mr. Davidson K. Baptiste, Justice of Appeal Case Name: Christian Brown (representing the estate of Wayne Brown) v
[1]Paul Limrick
[2]Theresa Limrick (nee Balkaran) [High Court Civil Appeal No. 26 of 2012] Appearances: Applicant / Intended Appellant: Mr. Eghan Modeste Respondent: Ms. Shan Greer Issues: Application for leave to appeal – Application for stay of execution Result / Order: [Oral delivery] 1. Leave to appeal the Master’s decision dated 27thAugust 2012 on the following grounds is granted: (i) 2.1 (ii) 2.2 (iii) 2.4 (iv) 2.8 (v) 2.9 (vi) 2.10 (vii) 2.11 2. The application to stay the execution of the decision of the Master is refused as no proper basis has been advanced for the grant of a stay. The applicant has not evinced a real risk of injustice. 23. There will be no order as to costs in as much as both parties have achieved some success in the case. Reason: The Court was of the view that the applicant showed a reasonable prospect of success on the aforementioned grounds. The Court, however, determined that there was no real risk of injustice hence the application for a stay was refused.
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