Visit UKSCJCPC/2017/0050
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PROCEDURE
Crick and another (Appellant) v Brown (Respondent) (T & T)
Case summary
Case ID
JCPC/2017/0050
Jurisdiction
Trinidad and Tobago
Parties
Appellant(s)
Crick and another
Respondent(s)
Brown
Issue
Did the Court of Appeal comply with Rule 64.13 of the Civil Proceedings Rules 1998 (as amended) when it refused the Appellants’ application for an adjournment of the hearing and dismissed the Appellants' appeal?
Facts
The underlying dispute concerns a plot of land situated in between Mr Brown's land and land occupied by Ms Judy Crick. Mr Brown argued that he acquired the State land and that Ms Judy Crick and Ms Nancy Crick wrongfully commenced occupation of the land in May 2006.Ms Judy Crick and Ms Nancy Crick disputed Mr Brown's claim. The High Court found in favour of Mr Brown, ordered delivery up of possession of the land to Mr Brown and awarded him damages of $5,000.00 for trespass. Ms Judy Crick and Ms Nancy Crick appealed to the Court of Appeal. The Court of Appeal directed that their written submissions should be filed on or before 29 December 2016 and the hearing was listed for 12 April 2017.By the time of the hearing, Ms Judy Crick and Ms Nancy Crick had not filed their written submissions and on the day of the hearing, they applied for an adjournment of the hearing to file their written submissions. Mr Brown did not object to their application for an adjournment. The Court of Appeal refused their application for an adjournment and dismissed their appeal on the basis of a proper application of the overriding objectives, finding that there was no proper reason for Ms Judy Crick's and Ms Nancy Crick’s failure to file their written submissions.Ms Judy Crick and Ms Nancy Crick now appeal to the Judicial Committee of the Privy Council.
Date of issue
17 July 2017
Judgment details
Judgment date
30 November 2020
Neutral citation
[2020] UKPC 32
Judgment links
Appeal
Justices
Hearing dates
Start date
19 October 2020
End date
19 October 2020
Watch hearings
19 October 2020 - Afternoon session
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Last updated 9 May 2024