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Travis Augustin -v- Choc Estates Limited SLUHCVAP 2014/0002 (June 2015)

June 2015 Procedure

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

INTERLOCUTORY APPEAL – DEALING WITH FIXED DATE CLAIM SUMMARILY RULE 27.2(3) OF THE CIVIL PROCEDURE RULES, 2000 – APPELLANT’S DEFENCE STRUCK OUT BY LEARNED JUDGE IN COURT BELOW AND FIRST HEARING OF CLAIM TREATED AS TRIAL AND/OR MATTER DEALT WITH SUMMARILY – NO EVIDENCE RECEIVED FROM OR ON BEHALF OF RESPONDENT/CLAIMANT BY JUDGE IN DEALING WITH CLAIM AND JUDGMENT ULTIMATELY ENTERED FOR RESPONDENT/CLAIMANT – WHETHER LEARNED JUDGE ERRED IN ADJUDICATING CLAIM IN THIS MANNER

This Appeal was against an Order made by Wilkinson J wherein the Learned Judge ordered, inter alia, that the defence should be struck out and Judgment entered for the Claimant. Following the case of Richard Frederick et al -v- Comptroller of Customs et al SLUHCVAP2008/0037, the Court of Appeal allowed the appeal and held that having decided to treat the first hearing of the fixed date claim as a trial after striking out the Appellant’s defence, the Learned Judge was obliged to receive evidence from the Claimant whether orally or on affidavit.

 

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Travis Augustin -v- Choc Estates Limited SLUHCVAP 2014/0002 (June 2015)

 

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