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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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5 judgments
Citation
Judgment date
April 2017
Browne v Ciliam Ltd. (CL 163 of 2013) [2017] TCASC 16 (24 April 2017)
A defendant successful after rejected settlement offers is not entitled to indemnity costs absent moral turpitude or highly unreasonable conduct.
Costs  indemnity v standard; Order 62 r 3(4); high threshold for indemnity costs (moral turpitude or highly unreasonable conduct); relevance of CPR Pt 36 and payments into court; settlement offers and timing.
 24 April 2017
In Re: Pratt v Stubb-Smith and Others (CL 187 of 2016) [2017] TCASC 19 (24 April 2017)
Petition was not frivolous; challenge to Voter's List arguable, but unproven allegation of improper motive warranted a 30% costs award to other respondents.
Election law – costs – petitioner not frivolous where challenge to Voter's List under s.80 of Elections Ordinance was arguable
Election law – decision by lot – ground challenging lot had no merit
Public officers – imputations of improper motive unsupported by evidence attract adverse costs consequences
Costs – proportionality and public interest in election challenges; partial costs order (30%) against petitioner for unsubstantiated imputation
 24 April 2017
George Pratt v P Ors.ha Stubbs-Smith and Ors. (CL 187 of 2016) [2017] TCASC 29 (20 April 2017)
Civil Procedure
 20 April 2017
Joseph v Pierre (CL 137 of 2016) [2017] TCASC 11 (13 April 2017)
Court found defendant liable to repay $11,000; awarded post-judgment interest and proposed pre-judgment interest pending submissions.
Civil law – Money had and received/loan – whether payment was $11,000 for purchase or $6,000 loan; credibility of witnesses; fabricated receipt effect; discretionary award of pre-judgment interest under s.19(2) CPO; post-judgment interest under s.20(1) CPO.
 13 April 2017
Cinar Corporation v Weinberg and Others (CL 175 of 2016) [2017] TCASC 18 (5 April 2017)
Proprietary claim against local entities is not referable to arbitration; stay application refused.
Arbitration clause – scope and applicability; proprietary claim vs. contractual remedies; stay of proceedings; waiver by steps in proceedings; jurisdiction clause permitting enforcement where assets located.
 5 April 2017