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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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3 judgments
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3 judgments
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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