Deep Bay Ltd v Ash & Watson Ltd

• Jurisdiction: Antigua and Barbuda
• Court: Court of Appeal (Antigua and Barbuda)
• Judge: Lewis, C.J.
• Judgment Date: 12 March 1971
• Neutral Citation: AG 1971 CA 1
• Docket Number: Civil Appeal No. 1 of 1970
• Date: 12 March 1971

Court of Appeal

Lewis, C.J.; Gordon, J.A.; Lewis, J.A.

Civil Appeal No. 1 of 1970

Deep Bay Ltd.

and

Ash & Watson Ltd.

Appearances:

Norman Hill, Q.C. (Jamaica) and L. Lockhart for appellant

Tajmul Hosein, Q.C., (Trinidad) and Miss B. Lake for respondent

Practice and procedure - W.I. Associated States Supreme Court Act, No. 26 of 1969 — Whether appellant had a right to appeal. Facts: Evidence revealed that the respondent had established a prima facie case on the issue before the lower court i.e. the non payment of taxed costs. Held: It is inconsistent for the respondent who relies upon that judgment for establishing that fact (i.e. the appellants not entitled to appeal because the decision is not a judgment or order of the court) to contend the decision is not an order of the court. Further finding by the court that under the above rules of the Supreme Court s.30(1)(6) one has a right to appeal from any judgment or order of the High Court. Objection overruled.

Lewis, C.J.

1 By its notice of appeal filed on 1st May, 1970 the appellant appeals against a judgment entered on the 23rd March, 1970 pursuant to an order of Louisy J, dated 10th November, 1969. The respondent has taken a preliminary objection to the hearing of the appeal on the ground that the judgment is not a judgment of the Court or an order of a judge.

2 Louisy J.'s order was made when, on the action coming on for trial an 10th November, 1969, an application for an adjournment was made by the appellant. He adjourned the action to 23rd March, 1970 on the terms that the appellant pay the respondent's taxed costs of the adjournment and he further ordered that in default of payment before 23rd March,, 1970 the appellant's claim be struck out without further orders.

3 On 23rd March, 1970 the respondent(s solicitors filed an affidavit sworn that day stating that the taxed costs had hot been paid pursuant to the order of 10th November and on the same day they signed judgment entering judgment for the respondent. The judgment is a s follows–

“Dated the 23rd day of March, 1970,

WHEREAS: By order of the Honourable Mr. Justice Allan Louisy made the 10th day of November, 1969 it was ordered, inter alia, that the plaintiff do pay to the first-named defendant before the 23rd day of March, 1970, the costs of the adjournment of this action to be taxed as between solicitor and own client:

AND WHEREAS: The said costs were duly taxed and allowed at...