Wycliffe Baird (Appellant) v David Goldgar and four others (Respondents) (St Christopher and Nevis)

Case summary

Case ID

JCPC/2025/0007

Jurisdiction

St Christopher and Nevis

Parties

Appellant(s)

Wycliffe Baird

Respondent(s)

David Goldgar

Paul Coburn

Caribe (Realties) Canada Limited

Immeudbles Caribe Canada LTEE

Betts Realty Limited

Issue

Did the Court of Appeal err in striking out the Appellant’s appeal for want of prosecution and/or abuse of process?

Facts

In 1989, the Appellant and the Respondents made an agreement, relating to the sale of a tract of land. In 1993, the Appellant brought a claim for breach of that agreement. The case was not heard until 2009. In November 2009, a judge ruled on a non-determinative preliminary issue. Trial did not occur until May 2016. In July 2016, the judge dismissed the Appellant’s claim and discharged an existing freezing order on the Respondents. The Appellant filed a notice of appeal on 11 September 2019. He received the trial transcript in April 2020, but did not inform the Respondents until July 2021. On 13 June 2022, the Appellant was ordered to file the record of the case and appeal submissions by 6 September 2022. The Appellant did not do so. On 13 October 2022, the Respondents applied for the appeal to be struck out for want of prosecution and/or abuse of process. The Court of Appeal granted this order on 22 December 2023. The Appellant now appeals to the Judicial Committee of the Privy Council with special leave from the Court of Appeal. The Court of Appeal granted leave to appeal on questions relating to: (i) the interpretation and application of the proper tests for strike out of an appeal because of abuse of process and/or want of prosecution; and (ii) the date from which the length of a litigant’s delay in filing documents for an appeal should be calculated.

Date of issue

23 January 2025

Case origin

Appeal As of Right

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