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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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April 2010
Goldman v Twa Marcelin Wolf and Others (CL 5 of 2010) [2010] TCASC 5 (28 April 2010)
Non-joinder of jointly entitled parties and failure to plead causes of action led to striking claims against finance and corporate-service defendants.
Civil procedure – strike out under Order 18 r.19(1): failure to disclose reasonable cause of action; abuse of process by non-joinder of persons jointly entitled; contractual/ fiduciary claims require particularisation; acts of a partner may bind the firm.
 28 April 2010
TCI Financial Services Commission v TCI Bank (W 4 of 2010) [2010] TCASC 23 (28 April 2010)
Court balanced open justice and confidentiality, granting creditor inspection rights while redacting depositor account details.
Insolvency — open justice v confidentiality — application of English Insolvency Rules (Rule 7.31) where local rules absent — restoration of creditors’ right to inspect court file; ex parte provisional liquidator appointments justified by public‑interest and run‑risk; limited redaction of depositor details; Governor granted special leave to receive petition.
 28 April 2010
In Re: Projetech Construction Management and Services Ltd v City Bay Developers Ltd (CL 72 of 2009) [2010] TCASC 14 (21 April 2010)
A winding-up petition dismissed because the alleged debt was genuinely disputed on substantial grounds and petitioner lacked standing.
* Company law – Winding-up – creditor’s standing – debt disputed on substantial grounds defeats petition. * Company law – Winding-up – provisional liquidator – cannot be appointed absent good prima facie case that winding-up order will be made. * Procedure – disputed valuation/facts on affidavit – such disputes should ordinarily be tried in ordinary civil proceedings; cross-examination rarely ordered. * Petitioners – contingent/prospective creditors do not have statutory standing to present winding-up petitions under the Ordinance.
 21 April 2010