Leeward Water Services Ltd v Provo Water Co and the Attorney General (CL 2 of 2022) [2022] TCASC 16 (8 July 2022)

Flynote

Civil Procedure

Case summary

1) 1st Defendant pay the costs of the Inspection Summons.  2) Directions Summons dismissed 3) the Court of its own motion orders a hearing of the preliminary issue under Order 14A, and 4) no order as to costs on the Directions Summons. On the Inspection summons the Court found that the Plaintiff requested full unredacted copies of the Documents and filed the Inspection Summons months prior.  The 1st Defendant decided to provide them but only a few days before the hearing. In those circumstances, the appropriate costs order would be that the 1st Defendant should pay the costs of the Inspection Summons [8]. On the Directions Summons, the Court found that Civil Rules Order 14A empowers the Court on its own motion to determine any question of law or construction of any document arising in any cause or matter at any stage of the proceedings, where it appears to the Court that such question is suitable for determination without a full trial of the action, and such determination will finally determine (subject only to any possible appeal) the entire case or matter or any claim or issue therein [13]. The Court was satisfied that a determination as to whether the Ordinance allows the appointment of more than one undertaker for a specific geographical area, turns solely on the interpretation of the Ordinance, and was suitable for determination without a full trial, and will finally determine the Plaintiff’s claim for the declaration [14].

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