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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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13 judgments
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13 judgments
Citation
Judgment date
September 2016
AG TCI v Robinson (CL-AP 3 of 2015) [2016] TCACA 1 (20 September 2016)
Transfer dividing matrimonial assets was not a "conveyance on sale"; stamp duty recovery requires Collector's adjudication and proper standing.
Stamp Duty — conveyance on sale — meaning requires price in money paid or promised; voluntary disposition under s.23 requires Collector's adjudication that inadequate consideration confers substantial benefit; recovery of unpaid stamp duty vests in Collector — Attorney General lacks standing unless proceedings brought on Collector's behalf.
 20 September 2016
Interhealth Canada TCI Ltd v Sandie Williams (CL-AP 43 of 2015) [2016] TCACA 13 (20 September 2016)
Labour and Employment Law
 20 September 2016
Regina v Bassett (CR-APM 33 of 2014) [2016] TCACA 4 (6 September 2016)
Amendments to an information to particularize uttering with intent to defraud and correct the complainant were lawful and caused no prejudice.
Criminal law – indictment amendments – court's power under s.20(1) CPO to amend defective information during trial – particulars of uttering must include intent to defraud – amendment allowed where no prejudice to accused and amendments merely align charges with evidence.
 6 September 2016
May 2016
Governor of the TCI and Ors. v The Propriet Ors. Strata Plan 108 and Anor. (CL-AP 38 of 2015) [2016] TCACA 12 (13 May 2016)
Administrative Review
 13 May 2016
February 2016
Urban Development Ltd. v AG TCI (CL-AP 22 of 2016) [2016] TCACA 2 (21 February 2016)
The Transfer covenant is triggered when non-Belongers beneficially own or control more than 51% of the shares.
Contract/Property – Interpretation of transfer covenant – "Control" relates to ownership or control of shares, not merely management control; beneficial ownership by non-Belongers triggers repayment of discounted purchase sum; nominee directors’ status does not negate shareholder control.
 21 February 2016
The Propriet Ors., Strata Plan No.108 and Another v The Governor TCI and Others (CL-AP 24 of 2016) [2016] TCACA 3 (8 February 2016)
A planning decision changing policy was quashed for failing to carry out adequate, purpose‑related statutory consultation.
Planning law — Procedural fairness and statutory consultation — Duty to consult proportionately with affected persons when changing planning policy — Failure to carry out meaningful, purpose‑related consultation renders planning decision unlawful and liable to be quashed.
 8 February 2016
Akita Holdings Limited v The AG (CL-AP 36 of 2014) [2016] TCACA 7 (4 February 2016)
A fiduciary who knowingly buys Crown land at an undervalue holds the value on constructive trust and must account proportionately.
Constructive trust; fiduciary duty and disclosure for Crown land sales; knowing receipt and tracing into substituted assets; applicability of Foskett v McKeown to land-related value; proprietary v personal remedies; account of profits and measure of liability (proportionate share of unimproved land, attributable improvements, and financing benefits).
 4 February 2016
Attorney General of the Turks and Caicos Islands v Clyde Bradley Robinson (CL-AP 3 of 2015) [2016] TCACA 9 (4 February 2016)
Property Law
 4 February 2016
Coco Bistro/Staurt Gray v Kirk Walters (CL-AP 14 of 2015) [2016] TCACA 10 (4 February 2016)
Labour and Employment Law
 4 February 2016
Michael Misick v R (CR-AP 8 of 2015) [2016] TCACA 11 (4 February 2016)
Criminal law
 4 February 2016
Murielle Williams v R (CR-AP 5 of 2015) [2016] TCACA 14 (4 February 2016)
Criminal law
 4 February 2016
NOEL MUNROE and LOUIS RIGBY v THE REGISTRAR OF LANDS and THE ATTORNEY GENERAL (CL-AP 48 of 2014) [2016] TCACA 8 (2 February 2016)
A faxed notice did not meet statutory service requirements under the RLO; appeal dismissed as out of time.
Registered Land Ordinance – appeals – section 147 requires notice in prescribed form within 30 days; Service of notices – section 151 deeming provisions prescribe methods of service; facsimile not covered; Time limits – statutory appeal period is mandatory and not extendable by the Court; Electronic service – legislative change required to validate modern electronic methods.
 2 February 2016
January 2016
Delancy and Another v Regina (CR-AP 26 of 2013) [2016] TCACA 6 (25 January 2016)
Trying capital and non-capital offences together before a twelve-member jury rendered the non-capital conviction null and the murder verdict unsafe.
Jury practice – statutory jury sizes – capital offences (murder) require twelve jurors, non-capital offences require seven; trying both together before twelve jurors unlawful; accomplice evidence – witnesses who pleaded guilty require directions to treat their evidence with great caution; unsafe convictions – quashing and ordering new trials.
 25 January 2016