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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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June 2023
Duncanson & Co (Beryn Duncanson DBA) -v- East Wind Development Company Ltd and ors (2) Beryn Duncanson ( Duncanson & Co DBA)-v- The Registrar of Lands; The Attorney General of the Turks and Caicos Islands (CL 150 of 2022; CL 97 of 2022) [2023] TCASC 75 (29 June 2023)
Application to adjourn proceedings pending judicial review of a judge's assignment refused; no apparent bias and costs awarded.
Adjournment pending judicial review – recusal and apparent bias – validity of judicial appointment and assignment – balancing prejudice, delay and interests of justice – costs for unsuccessful adjournment application.
 29 June 2023
Baez v Richards, Director of Immigration and anor. (CL 50/23) [2023] TCASC 68 (27 June 2023)
Habeas corpus refused where applicant released under reporting/residence conditions and prior detention on Stop List grounds was lawful.
Constitutional and public law – habeas corpus – remedy limited to current unlawful detention; not for past detention or punishment. Immigration law – Stop List (s92) – lawful entry where Director satisfied person conducted himself undesirably; Stop List bars entry. Immigration powers – sections 51, 52, 53, 54 and 58 – power to examine, detain pending inquiry and temporarily admit subject to conditions. Work permit – holding a work permit does not override a Stop List entry or preclude detention for immigration inquiry. Deprivation vs. restriction of liberty – post-release reporting/residence conditions may not amount to continued detention.
 27 June 2023
50104/11 Sandy Point Ltd -v- Natalie Niewerth (CL 44/23) [2023] TCASC 67 (5 June 2023)
Defendant’s unauthorised occupation of company-owned villa was trespass; plaintiff entitled to summary possession and costs.
Property law – Summary possession (O.113 r.1) – occupant without licence or tenancy – trespass and self-help re-entry. Registered land – corporate proprietor – issued share held on trust as joint tenants – survivorship vests control in surviving joint tenant. Equity – alleged constructive/resulting trust and will-based claims – failure to establish equitable entitlement to occupy. Procedural – ancillary disputes not a bar to summary possession where no established right of occupation.
 5 June 2023
Castellano v Clark (CL 158/22) [2023] TCASC 64 (2 June 2023)
Specific discovery refused where affidavit failed to show documents' possession and evidential relevance to pleaded issues.
Civil procedure — Specific discovery (Order 24 r.7–8) — Requirements for supporting affidavit: existence, possession, relevancy and evidential materiality — Discovery must be necessary for fair disposal — Pleadings must identify matters in issue.
 2 June 2023