Van Pyfrom Oldham et Al v Wilson

• Jurisdiction: Bahamas
• Court: Court of Appeal (Bahamas)
• Judge: Allen, P.,John, J.A.,Adderley, J.A.
• Judgment Date: 16 July 2014
• Neutral Citation: BS 2014 CA 111
• Date: 16 July 2014
• Docket Number: SCCivApp & CAIS No. 103 of 2013

Court of Appeal

Allen, P.; John, J.A.; Adderley, J.A.

SCCivApp & CAIS No. 103 of 2013

Van Pyfrom Oldham et al

and

Wilson

Appearances:

Ms. Donna Major with Mr. Alex Dorsett, counsel for appellant.

Ms. Melisa Wright, with Ms. Darcel Williamson, counsel for respondent.

Appeal - Notice of objection — Strike out action — Discretion — Appeal dismissed.

Allen, P.

1 The respondent's notice of objection filed on 12th February, 2014 is withdrawn and is therefore dismissed.

2 As regards the substantive appeal, having heard counsel for both sides and having considered the facts of this case as they were before the learned judge, we are of the view that the learned judge did strike out the extant action before him, albeit his decision did not clearly express it in that way. We believe, on the evidence before him, it was eminently reasonable to have made the decision that he made, and we would only interfere with the exercise of his discretion if the decision was such that no reasonable tribunal could have come to in all of the circumstances.

The appeal is therefore dismissed.

3 On the issue of costs, the costs of the appeal are the respondent's, to be taxed if not agreed.

Allen, P. John, J.A.

I agree with the order proposed by the President.

John, J.A. Adderley, J.A.

I also agree.

Adderley, J.A.