Latest judgments

The Plaintiffs were unlawfully detained by Police and Immigration Officers and asked to produce their proof of status. They were unable to show proof of status and were taken to the Detention Center for processing and to ascertain their legal status. It was subsequently discovered that the Plaintiffs were well documented, long-term residents of the Islands holding status (PRCs). The Defendants admitted liability and the Court was left to determine the quantum of damages for their false imprisonment, unlawful detention and for assault and battery.

Two competing interlocutory Applications were before the Court. One by the Plaintiffs for Summary Judgment under Order 14, and another by the Defendant for Security for Costs under Order 23.

The Plaintiff sought payment of arrears and interest, and a declaration that a property was beneficially owned by the Bank under a resulting trust, an order for possession, and costs.

The Plaintiff claimed that pursuant to the then current crown land policy, he made applications for two parcels of crown land in 1999 and in both cases the Defendant unilaterally, and in breach of contract, changed the terms upon which the lands were first offered and accepted. The Defendant defended, contending that the Plaintiff was a trespasser. They counterclaimed for possession and damages, and an order for pulling down and removal, interest, and costs.

This was a simple road traffic running down accident case. The Plaintiff was struck by the Defendant on the Leeward Highway and suffered injuries and claimed for damages. The defendant claimed it was the Plaintiff’s own negligence that caused or contributed to the accident.

HMC pleaded two causes of action against the Corporation, namely (a) breach of statutory and contractual duty; and (b) restitution for the replacement costs of certain windows at a property at the Regent Grand Resort. The Corporation admitted liability for breach of duty, but on various grounds it disputed the remedies the HMC was entitled to.