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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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3 judgments
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December 2018
Maxwell Walkin v The Attorney General of The Turks and Caicos Islands (CL 48 of 2017) [2018] TCASC 7 (19 December 2018)
Minister’s 2008 letter created an equitable sale; 2015 lease set aside and freehold ordered transferable for US$3,450 upon payment.
Crown land – Conditional Purchase Lease – Minister’s letter approving freehold transfer – Variation/waiver binding in equity where promise is clear and payment tendered; equitable contract for sale conferring beneficial interest; attempted tender and Treasury refusal; common mistake and economic duress – May 2015 CPL set aside; declaration for transfer upon payment of US$3,450; offset of post-March 2009 payments.
 19 December 2018
R v Malik Cox (CR 22 of 2018) [2018] TCASC 22 (12 December 2018)
12 December 2018
Julianne Marie Dodds and Ors. v The Propriet Ors. Strata Plan No. 27 (CL 70 of 2017) [2018] TCASC 3 (7 December 2018)
By-laws require EC approval for short-term holiday lettings; approval requirement valid, lump-sum legal-cost levy invalid.
Strata law – By-law construction – Short-term holiday lettings characterised as commercial use requiring EC approval; regulation of short-term rentals not a prohibited restriction under STO s20(4). By-laws – No implied term that EC approval not be unreasonably withheld absent clear wording and statutory framework. Enforcement – Fines must reflect actual days of unlawful occupation; lump-sum legal-cost levy beyond by-law powers invalid. Restitution – Unjust enrichment, mesne profits, quantum meruit, account of profits and Wrotham Park damages not available on the facts.
 7 December 2018