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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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4 judgments
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Judgment date
May 2017
Atrium Management Limited v Fortis TCI Limited (CL 223 of 2015) [2017] TCASC 30 (31 May 2017)
The successful applicant recovered standard costs; indemnity costs denied as the respondent's honest mistaken defence did not meet the high threshold.
Costs — successful plaintiff entitled to costs — indemnity costs require culpability or utterly unreasonable conduct — honest but mistaken defence insufficient; statutory interpretation — meaning of "hotel licence" in Regulations; assessment of public-interest/test-case character for costs.
 31 May 2017
Elliott v Royal Bay Resort and Villas (CL 150 of 2008) [2017] TCASC 15 (11 May 2017)
Court awards 2% on general damages and local short-term deposit rates on special damages, rejecting the statutory post-judgment rate.
Damages — Pre-judgment interest — statutory post-judgment rate inappropriate — general damages: 2% from date of writ — special damages: interest based on local short-term deposit rates (full rate where loss arose shortly after accident) — use local bank rates rather than UK Special Investment Account rates.
 11 May 2017
Sebastian Holdings Inc. v Sarek Holdings Ltd. and Others (CL 44 of 2017) [2017] TCASC 27 (3 May 2017)
Leave granted to serve foreign defendants where serious issues exist and Turks and Caicos is the appropriate forum.
Service out of jurisdiction — application under Order 11/0.11 — requirements: serious issue to be tried; good arguable case that claim falls within jurisdictional gateways (r 1(1)(c), r 1(1)(v)); forum conveniens — Turks and Caicos clearly appropriate forum — claims of breach of fiduciary duty, knowing receipt and dishonest assistance relating to transfers of TCI company assets.
 3 May 2017
TCI Bank Ltd. (in Liquidation) v Henfield (CL 174 of 2015) [2017] TCASC 14 (3 May 2017)
Application to restrain mortgagee’s sale dismissed for lack of exceptional circumstances and no undertaking in damages.
Civil procedure – interlocutory injunction – application to restrain mortgagee’s power of sale – American Cyanamid principles applied. Mortgages – undertaking in damages – McLeod v Jones rule requiring payment into court of amount claimed by mortgagee before relief. Mortgages – sale at undervalue – mere assertion insufficient; mortgagee need only obtain best price reasonably obtainable at date of sale. Remedies – damages ordinarily adequate where undervalue alleged; injunction only in exceptional circumstances. Property law – restriction on sale to Belongers does not preclude exercise of power of sale under charge.
 3 May 2017