Supreme Court of Turks and Caicos Islands

The Supreme Court has original jurisdiction in civil and criminal matters; appellate jurisdiction over appeals from the Magistrate’s Court and other statutory bodies such as the National Insurance Board and the Liquor Licensing Board; and supervisory jurisdiction over lower adjudicatory bodies and the actions of government.

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11 judgments

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11 judgments

Citation	Judgment date
December 2003
In Re: Rutley Jr v Prudhoe and Others (489 of 2003) [2003] TCASC 8 (10 December 2003) Whether the Magistrate’s Court should adjourn unfair dismissal proceedings pending related Supreme Court wrongful dismissal action. Employment law – Magistrate’s Court jurisdiction – power to adjourn/postpone (s.125 Magistrate’s Court Ordinance; s.52 Employment Ordinance) – distinction between stay and adjournment – discretionary factors for postponement where concurrent Supreme Court proceedings – risk of fettering higher court by lower‑court findings – prejudice and delay considerations.	10 December 2003
October 2003
Parker v Boudel and Another (CL 74 of 2002) [2003] TCASC 12 (21 October 2003) No local right to contribution or indemnity between tortfeasors without statute; third‑party notice struck out. Tort — Contribution/indemnity between several tortfeasors — No common‑law right without statute or agreement — Procedural rules (Ord. 16) do not create substantive rights — Third‑party notice struck out for disclosing no cause of action.	21 October 2003
Cox v Georgian Mercantile Corporation (CL 6 of 2003) [2003] TCASC 14 (16 October 2003) A long‑serving employee was held to have been terminated and awarded unpaid salary and severance; stigma damages denied. Employment law – termination/dismissal – whether termination occurred and effective date; entitlement to arrears of salary and statutory severance. Jurisdiction – whether Supreme Court may award severance pay under Employment Ordinance. Contract law – doctrine of frustration considered and rejected. Damages – claim for stigma/reputational/financial embarrassment not established.	16 October 2003
Roker v The Crown (CR-APM 14 of 2003) [2003] TCASC 13 (16 October 2003) The applicant's appeal is dismissed: reliable identification and joint participation upheld in malicious wounding conviction. Criminal law – Identification evidence – Application of Turnbull guidelines – Reliance on witness who knew accused after prior altercation. Criminal law – Joint liability – Party to a joint attack and ring‑leader liable for consequences of assault. Evidence – Corroboration by medical witness and third‑party eyewitness supports identification. Public order – common law affray and discussion of statutory offences for gang violence.	16 October 2003
August 2003
Rainville v Orr and Others (CL 53 of 2003) [2003] TCASC 9 (27 August 2003) Oral matrimonial-property agreement governed by Ontario law is unenforceable; proprietary claims inadequately pleaded; Mareva injunction discharged. Family law — matrimonial property — Ontario Family Law Act formalities — oral agreement unenforceable; forum non conveniens — Ontario appropriate forum; proprietary claims — inadequately pleaded; Mareva injunction discharged where principal claim struck out.	27 August 2003
June 2003
In Re: The Elections Ordinance 1994; Been v Astwood and Others (CL 26 of 2003) [2003] TCASC 4 (19 June 2003) Election void under s.60 for bribery by the respondent’s agents; s.61 disqualification not established. Election law – Elections Ordinance s.60 and s.61 – bribery by campaign workers – agency for election purposes; rejected ballots – strict compliance with ballot‑marking rules; late registration – finality and limited review on election petitions; remedy: election void under s.60 but no disqualification under s.61.	19 June 2003
In Re: The Elections Ordinance 1994; Hanchell v Skippings and Others (CL 25 of 2003) [2003] TCASC 5 (19 June 2003) Election declared void due to procedural registration irregularities that may have affected a narrow result. Election law – Register of Electors finality – Additions under s.23(2) – Procedural irregularities in claims and objections – Age/qualifying date issues – Test for voiding election (‘may have affected’ result) – By‑election ordered.	19 June 2003
May 2003
In Re: Sections 72, 75 and 77 of the Registered Land Ordinance; Temple Mortgage Fund Ltd v McKenzie (CL 2 of 2003) [2003] TCASC 3 (20 May 2003) Whether a valid s.72 demand arose and the court should permit sale by private treaty despite alleged statutory non-compliance. Registered Land Ordinance — s.72 (notice on default) — s.64(2) (repayment date) — whether s.64(2) applies to missed instalments — power of sale arisen on valid s.72 demand — sale by private treaty under s.77/charge variation — discretion to approve private sale — refusal to appoint receiver pending short adjournment.	20 May 2003
January 2003
Standard Star Insurance Company Ltd v McCollum and Others (CL 48 of 2002) [2003] TCASC 2 (22 January 2003) Letters from trustees to nominees can create an equitable mortgage in favour of a creditor; conversion damages require a trial. Trusts and equitable interests – Notification letters by trustees to nominees – Equitable assignment/equitable mortgage of beneficial interest – Perfection by delivery of notice; Trustees’ power to dispose of beneficial trust property; Summary judgment – defendant’s failure to swear affidavit – effect on contested authenticity; Conversion and damages – causation and valuation issues requiring trial; Strike out – proper use of denial/non-admission in Defence.	22 January 2003
Olz v Tropical Development Ltd. (CL 40 of 2002) [2003] TCASC 10 (17 January 2003) Repudiatory termination accepted by the plaintiff ended the contract; plaintiff awarded mitigated damages totalling $4,738. Employment law – repudiatory breach of fixed-term contract; acceptance of repudiation; unilateral withdrawal ineffective; mitigation by re-employment; assessment of damages (salary shortfall, profit share, accommodation); claim for medical expenses dismissed for lack of causation; counterclaim in restraint of trade defeated by employer's fundamental breach.	17 January 2003
Cox v Georgian Mercantile Coorporation (CL 6 of 2003) [2003] TCASC 7 (15 January 2003) Court found employment terminated on 31 October 2002; awarded salary arrears and severance, dismissed stigma damages. Employment law – termination vs lay-off – factual finding of termination effective 31 October 2002; entitlement to arrears of salary and statutory severance; jurisdiction of Supreme Court to award statutory severance; doctrine of frustration in employment – not applicable; claim for non-pecuniary (stigma) damages not proven.	15 January 2003