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Court of Appeal of Turks and Caicos Islands

The Court of Appeal currently sits in sessions on Providenciales and the Court is made up of at least 3 Judges of Appeal.

It has the jurisdiction assigned to it by the Court of Appeal Ordinance. It considers appeals from the Supreme Court and the Labour Tribunal. It also sits as a Constitutional Court, considering questions that may be referred to it by the Attorney General under the Attorney General’s Reference of Questions Ordinance.

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6 judgments
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6 judgments
Citation
Judgment date
July 2010
Flamingo Crossing Ltd. and Another v Misick&Stanbrook and Others (CL-AP 14 of 2009) [2010] TCACA 3 (29 July 2010)
Leave was required; several causes of action exceeded the writ indorsement and the remaining claim was struck out as vexatious and abusive.
Civil procedure – striking-out – adequacy of writ indorsement – particulars of claim – injunctions – interlocutory v final orders – leave to appeal required – abuse of process and vexatious proceedings where duplicate causes are pleaded in separate actions.
 29 July 2010
February 2010
Front Door Holdings v AG (CL-AP 28 of 2010) [2010] TCACA 4 (28 February 2010)
A purported forfeiture notice that offers no reasonable period to remedy fails the statutory s56 requirements and is invalid.
Forfeiture of lease — Registered Land Ordinance s55–56 — statutory notice requirements to specify breach and allow reasonable time to remedy — strict compliance required; notice from overseas law firm not inherently invalid; defective notice cannot be severed.
 28 February 2010
Elsaieh v The Crown (CL-AP 2 of 2008) [2010] TCACA 1 (12 February 2010)
12 February 2010
Hoffman and Others v Emi Sun Village Inc and Others (CL-AP 9 of 2009) [2010] TCACA 2 (12 February 2010)
A court may enforce an undertaking and order immediate assessment where a Mareva injunction was discharged for material non-disclosure; discretion governs timing.
Civil procedure – Mareva (freezing) injunction – enforcement of undertaking in damages – discretion to order inquiry/assessment immediately or defer to trial. Ex parte applications – material non-disclosure – effect on enforcement of undertakings given on injunction
Costs – immediate taxation and payment where court forms adverse view of conduct of party obtaining injunction
 12 February 2010
Johnston Internatioanal Ltd. v Mclaughlin (CL-AP 7 of 2009) [2010] TCACA 5 (12 February 2010)
Placing an employee on short-time without a contractual right (express or proved implied term) amounted to dismissal.
Employment law – short-time and lay-off – statutory scheme (Employment Order paras.13–14) defines lay-off/short-time but does not confer unilateral right to suspend work; right must be in contract – implied terms/customs – burden of proof to establish custom or usage – Labour Tribunal error in treating absence of written term as dispositive – remedy: dismissal where no contractual authority to short-time.
 12 February 2010
January 2010
Santral Management Ltd v Paula Cumberbatch (CL-AP 39 of 2010) [2010] TCACA 6 (26 January 2010)
Labour and Employment Law
 26 January 2010