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 2006
In Re: The Queen v Misick (CL 50 of 2006) [2006] TCASC 10 (6 December 2006) Whether the Crown may appeal a suspended sentence by case stated within fourteen days and when suspension raises a point of law. • Criminal procedure – Magistrates Court Ordinance ss.162–163 – construction of timing and procedural requirements for appeals by way of case stated; applicability to the Crown. • Administrative law – jurisdiction – when Supreme Court may order Magistrate to state a case. • Sentencing – suspended sentences – meaning and proof of ‘exceptional circumstances’; when suspension may be challengeable as a point of law.	6 December 2006
October 2006
The Queen (ex p Caroline Anspach and Others) v Minister of Planning and Ocean Point Development Ltd. (CL 22 of 2006) [2006] TCASC 11 (13 October 2006) Ministerial planning decisions quashed for unlawful delegation and jurisdictional/procedural errors; remitted for lawful reconsideration. Administrative law – ouster clauses – s.87 Physical Planning Ordinance; nullity and jurisdictional error; judicial review available where decision is ultra vires or breaches natural justice; delegation of ministerial functions requires written gubernatorial authorisation under the Constitution; mode of appeal (public inquiry v written representations): material considerations and improper considerations; relief: quashing and remittal.	13 October 2006
Pankhurst v Oasis Developments Ltd.and Others_Connolly v Oasis Developments Ltd. and Others (40 of 2005; 41 of 2005) [2006] TCASC 7 (1 October 2006) Directors who procured security for their own benefit were not acting bona fide; they were ordered to contribute limited sums. Company law – resulting trust – advance for specified business purpose – substantial achievement of purpose negates resulting trust; Company law – insolvent trading and s.167(2) – company continued to trade when unable to pay debts and directors knew or ought to have known; Directors’ duties – when company is insolvent or on verge of insolvency, directors must act bona fide in company’s interests and have regard to creditors as a body; Security and preferences – debenture and collateral chattel mortgage granted to directors invalid against Liquidator where granted for directors’ own benefit and not bona fide for company; Contributories – assessment and limitation of director contribution; Exceptional relief where director excluded from management and information.	1 October 2006
September 2006
Musgove v Bakersville Ltd.and Jaca TCI Ltd.; Eller Investments Ltd. v Panalex Corp. Ltd. and Others (Action 20 of 2006) [2006] TCASC 2 (4 September 2006) A valid buy-sell notice under a shareholders’ agreement is enforceable despite internal shareholder agreements and bracketed drafting. Shareholders’ agreements – Buy-Sell clause – validity and enforceability – square-bracketed drafting not exclusionary; deeds of adherence bind corporate shareholder and its members; internal shareholder agreements cannot defeat rights under a separate shareholders’ agreement; derivative claim – leave to continue – prima facie threshold.	4 September 2006
August 2006
In Re: Morris v AG (CL 16 of 2006) [2006] TCASC 9 (11 August 2006) Section 17 empowers the Attorney General to take over and discontinue prosecutions; such decisions are reviewable only for illegality, bad faith or unreasonableness. Constitutional law — section 17 Attorney General — power to institute, take over and discontinue prosecutions; limits on judicial review (unlawful, bad faith, Wednesbury); alleged conflict of interest; effect of applicant’s refusal to supply prosecuting file; waiver by mistaken court statement.	11 August 2006
July 2006
Samuel Belizaare v Lavard Evans (CL 92 of 2003) [2006] TCASC 13 (26 July 2006) Contract Law	26 July 2006
Williams v Williams and Others (CL 12 of 2003) [2006] TCASC 1 (20 July 2006) Court apportioned liability 75/25, awarded costs to the plaintiff, and ordered insurer to indemnify insured for coverage-related costs. Civil procedure – Costs – general rule that costs follow the event but court’s broad discretionary apportionment; use of broad-brush approach. Allocation of liability – apportionment of fault 75/25 between defendants and corresponding costs consequences. Insurance coverage – insurer ordered to indemnify insured for costs on coverage issue; insurer to pay significant portion of plaintiff’s and insured’s costs. Costs of parties joined solely for coverage – plaintiff’s costs of pursuing third/fourth defendants awarded against insurer. Pre-judgment interest – awarded at 6% per annum for three years on vehicle damage award.	20 July 2006
June 2006
Williams and Another v Regina (CR-APM 1 of 2006) [2006] TCASC 3 (1 June 2006) Appeal against burglary convictions dismissed; sentences reduced to 15 months each due to misapprehension about prior convictions. Criminal law – Burglary – sufficiency of evidence as to trespass and unlawful taking – credibility assessments – appellate restraint on overturning trial findings; sentencing – appeal against sentence allowed where magistrate misapprehended prior conviction history.	1 June 2006
May 2006
Regina v Cabrera and Another [2006] TCASC 4 (4 May 2006) Acting Governor authorised the Commissioner of Police to apply for a magistrates’ court to state a special case under section 162(2). Criminal/procedural law – Written authority under proviso to section 162(2) Magistrate’s Court Ordinance – Governor’s authorisation for Commissioner of Police to apply for court to state a special case.	4 May 2006
April 2006
Carlos McDowell v R (CR-APM 28 of 2005) [2006] TCASC 12 (29 April 2006) Appellate court will not overturn reasonable magistrate findings on identification and alibi; appeal dismissed. Criminal law – Identification – Application of Turnbull guidelines – prior acquaintance, lighting, duration and contemporaneous statements relevant to reliability of recognition. Criminal law – Alibi – Crown’s burden to negative reasonable doubt – appellate review of magistrate’s rejection of alibi. Appeal – Review standard – limited to whether magistrate’s conclusions were reasonably open to him (Wednesbury-style), not a rehearing. Evidence – Credibility – trial tribunal's assessments based on demeanour are entitled to deference absent clear unreasonableness.	29 April 2006
McDowall v The Crown (CR-APM 28 of 2005) [2006] TCASC 5 (12 April 2006) Appellate court upholds convictions: Turnbull applied correctly, alibi disproved, and magistrate’s credibility findings were reasonable. Criminal law – Identification evidence – Application of Turnbull guidelines; Alibi – burden and disproving alibi; Appellate review – Wednesbury-type assessment of magistrate’s factual findings; Weight of demeanour evidence.	12 April 2006