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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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June 2024
Sulphida Harvey and Katia Sam Kennedy v. John Cornelius Stubbs and Ors. (CL 113 of 2023) [2024] TCASC 24 (25 June 2024)
The court struck out most claims against the respondent (4th defendant); only the claim about uninitialled transfer registration survives.
Civil procedure – Order 18 r.19 strike-out – reasonable cause of action; Pleading requirements – fraud and misrepresentation must be pleaded with particularity; Professional liability – preparation/registration of transfer documents; Aiding and abetting – lack of clear pleaded civil cause; Prejudice – weight against striking out.
 25 June 2024
IMO of an Application for Leave to Apply for Judicial Review, Ord 53, r.6 (The King v The Registrar of the Supreme Court and Ors.) (CL 83 of 2023) [2024] TCASC 25 (24 June 2024)
Applicants failed to establish backdating or impropriety in a judge’s appointment or case listing; leave refused.
Judicial review — leave threshold; alleged backdating of judicial appointment; administrative listing of cases; Wednesbury irrationality; procedural impropriety; necessity of strong evidence for serious allegations.
 24 June 2024
IMO The Liquidation of East Wind Development Company Ltd. and IMO The Insolvency Ordinance 2017 and The Insolvency Rules 2019 (Duncanson & Co. (Beryn Duncanson dba) v East Wind Development Company Limited); (2) East Wind Development Company Limited v Beryn Duncanson & Co. Practising as Duncanson & Co) (W1/2023; CL 125/23) [2024] TCASC 33 (14 June 2024)
Court set aside statutory demand as abuse; winding‑up grounds based on disputed, time‑barred fee claim dismissed; administrator application may proceed.
Insolvency — Statutory demand — Whether debt is liquidated or genuinely disputed — Abuse of process — Winding‑up petition grounds dependent on disputed fee claim struck out — Appointment of administrator as distinct remedy permitted to proceed — Limitation/ statute‑bar as defence.
 14 June 2024
The King -v- (1) The Director of Planning (2) The Physical Planning Board Ex parte The Proprietors, Strata Plan No. 46 (The Point Ltd – Interested party) (CL 21 of 2023) [2024] TCASC 23 (7 June 2024)
Judicial review dismissed: applicant failed to show legal error in outline planning permission and parcel consolidation.
Planning law – outline development permission; procedural fairness and consideration of objections; Development Manual v Building Code on storey/height definitions; basement not counted as a storey for planning purposes; ODP conditions (EIA, carrying‑capacity, Crown lease) can be imposed prior to Detailed Planning Permission; consolidation of non‑contiguous parcels accepted administrative practice; judicial review requires demonstrated jurisdictional error, procedural irregularity or Wednesbury unreasonableness.
 7 June 2024