Lockhart and Munroe v Mitsui Sumitomo Insurance (London Management) Ltd et Al

JudgeNewman, J.A.
Judgment Date11 November 2010
Neutral CitationBS 2010 CA 247
Docket NumberSCCivApp & CAIS No. 110 of 2010
CourtCourt of Appeal (Bahamas)
Date11 November 2010

Court of Appeal

Newman, J.A.

SCCivApp & CAIS No. 110 of 2010

Lockhart and Munroe
Mitsui Sumitomo Insurance (London Management) Ltd. et al

Mr. Brian Simms, QC, with Ms. Sophia Rolle, counsel for appellants.

No appearance by or on behalf of the respondents.

Civil Practice and Procedure - Ex parte application — inter partes hearing — stay of proceedings.

Newman, J.A.

This is an application on behalf of a number of appellants. Mr. Simms, QC, represents them all before this Court today. He has come before the Court, as he is entitled to do, under the rules of the Court of Appeal, ex parte in connection with an application in interpleader proceedings. The matter has become something of a legal imbroglio in the course of applications to the judge in the Supreme Court. Indeed this morning there is another decision from the judge in connection with these matters.


In my judgment, the sensible way forward is that this application, on behalf of named appellants, should be heard by the full Court at an inter partes hearing, when it will be open to both parties to address the Court in relation to all the issues which have occurred in the proceedings below and with a view to seeing whether or not there should be some form of comprehensive leave to appeal or limited leave to appeal or leave to appeal on identified issues.


That seems to me to save costs for the parties. One has to assume that anything which proceeds by way of an ex parte order is likely to be re-ventilated and revisited at an inter partes hearing. However, the state of the proceedings below ought to be clarified and pending the hearing of the inter partes application for permission to appeal, the position ought to be preserved by there being a stay.


I grant a stay in connection with all the proceedings in the Court below pending a hearing of the inter partes application to the Full Court which hearing I now order.


Mr. Simms reminded me, and I mention it, economy of time and the economy of preparation, having regard to the complexity of the issues, will be served if the Court, having to consider his application, having familiarised itself with the details of the issues on the appeal, goes on, in the event that permission to appeal is granted, either comprehensively or in relation to any limited number of issues, to hear the appeal. I so order, if leave is granted, the appeal should follow immediately.


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