The Court of Appeal in the Turks and Caicos Islands heard an appeal filed by Atekah Defreitas and Tito Seymour against Alvin Deane and CBMS Ltd. The appeal arose from a road traffic accident on December 21, 2015, where Ms. Defreitas was a passenger in a car driven by her husband, Mr. Seymour, and Mr. Deane was driving a truck owned by CBMS Ltd.
Background
After a prolonged procedural history, a trial on liability was held in November 2022 and continued into 2023. On November 23, 2023, the trial judge dismissed the plaintiffs' (Defreitas and Seymour) claim and found Mr. Seymour 100% liable for causing the accident. The defendants (Deane and CBMS Ltd.) were awarded liability on their counterclaim, and the matter was set for an assessment of damages hearing. The plaintiffs were ordered to pay the defendants' costs.
Appeal and Application for Security for Costs
The plaintiffs appealed the November 23, 2023 judgment, citing 11 grounds of appeal challenging the factual and legal findings of the trial judge. The defendants filed an application for security for costs, asserting that the plaintiffs reside outside the jurisdiction, are impecunious, and do not have assets to settle a costs order if the appeal is unsuccessful.
Affidavit Evidence
The defendants' affidavit stated that Ms. Defreitas gave evidence via video link as she resides outside the jurisdiction and was unemployed. Mr. Seymour also stated he was unemployed and lived in Greater Manchester, England. The defendants had made an offer to settle the matter and a demand for security for costs, which the plaintiffs declined.
In response, Mr. Seymour's affidavit confirmed that he and his wife were unable to pay security for costs and alleged that the application was being used to stifle their appeal. He stated that he was recently employed but earned a modest income, and his wife was unable to work due to injuries from the accident. They had no assets and were already indebted to a friend for a loan to attend the trial.
Court's Decision
The Court of Appeal found the application for security for costs was made promptly and that the plaintiffs' circumstances, being impecunious and residing outside the jurisdiction with no assets, warranted an order for security for costs. The court exercised its discretion to order the plaintiffs to provide security for the defendants' costs of the appeal in the sum of $9,500 within 28 days, subject to conditions outlined in the judgment.