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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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2 judgments
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April 2008
The Palms Resort Ltd v PPC Ltd (CL 31 of 2007) [2008] TCASC 20 (28 April 2008)
A hotel consuming 3,200,000+ kWh in a year qualifies as a “large hotel” for that year, requiring application of the large-hotel tariff.
Electricity law – tariff interpretation – definition of “large hotel” – annual consumption threshold determines category for that year; no statutory basis for retrospective or interim monthly rate adjustments.
 28 April 2008
Mystique Car Rental&Tours Ltd. v First Caribbean International Bank (Bahamas) Ltd. (91 of 2007) [2008] TCASC 11 (27 April 2008)
Bank breached the merchant agreement by effecting a chargeback for an unauthorised offline transaction.
Merchant agreements – authorisation and floor limits; interpretation against drafting bank where signature form left blank; chargebacks – requirement of proper authorisation; Visa pre‑compliance concerns; offline/manual "force sale" transaction validity.
 27 April 2008