The Performing Right Society Ltd v Galleria Cinemas Ltd

• Jurisdiction: Bahamas
• Judge: Isaacs, JA
• Judgment Date: 27 February 2019
• Neutral Citation: BS 2019 CA 20
• Court: Court of Appeal (Bahamas)
• Docket Number: SCCivApp & CAIS No. 198 of 2016
• Date: 27 February 2019

IN THE COURT OF APPEAL

Before:

The Hon Mr Justice Isaacs, JA

The Hon Mrs Justice Crane-Scott, JA

The Hon Mr Justice Jones, JA

SCCivApp & CAIS No. 198 of 2016

The Performing Right Society Limited

Respondent/ Appellant

and

Galleria Cinemas Ltd

Applicant/Respondent

Mr Ferron Bethel, with Ms Camille Cleare, Counsel for Respondent/Appellant

Mr Gregory Moss, Counsel for Applicant/Respondent

Civil practice and procedure - Appeal — Application for leave to appeal as of right.

1 (Conditional Leave to JCPC)

2 The oral judgment of the court was delivered by

Isaacs, JA

3 This is an application for leave to appeal to the Privy Council on the basis that it is as of right. The application is supported by the affidavit of Christopher Mortimer, who avers that the value of the claim sought to be recovered or the value of the property in dispute is in the amount of $4,000.00 or upwards. That is the evidence in support of the application. There is nothing to suggest that that is not, in fact, the case. The only objection to the application by the respondent is that it is an unliquidated sum that is in dispute.

4 We take the view that the value, having been stated by Mr Mortimer in his affidavit, that the amount in dispute is $4,000.00 or more. In the circumstances, the court is of the view that the appeal is one that is as of right to the Privy Council and that we, in the circumstances, grant leave to the applicant to appeal to Her Majesty's Privy Council.

5 The terms would be on the condition that within a period of 90 days from the date hereof, the applicant do enter into a good and sufficient security in a sum not exceeding $2,861.00 for the due prosecution of the appeal and the payment of all such costs as may become payable by the applicant in the event of it not obtaining an order granting it final leave to appeal or of the appeal being dismissed for non-prosecution or of the Judicial Committee ordering the applicant to pay the costs of the appeal; and that within 90 days from the date hereof, the applicant shall take the necessary steps for the purpose of procuring the preparation of the record and the dispatch thereof to England.

Dated this 27th day of February, 2019

ISAACS, JA