Mark Bannister Appellant v Anguilla Connection Ltd Respondent [ECSC]

• Jurisdiction: Anguilla
• Judge: BYRON, C.J.,Sir Dennis Byron,Chief Justice,Justice of Appeal,Ephraim Georges,Justice of Appeal [Ag.]
• Judgment Date: 12 January 2004
• Judgment citation (vLex): [2004] ECSC J0112-1
• Docket Number: CIVIL APPEAL No. 6 of 1997
• Court: Court of Appeal (Anguilla)
• Date: 12 January 2004

[2004] ECSC J0112-1

IN THE COURT OF APPEAL

Before:

The Hon. Sir Dennis Byron Chief Justice

The Hon. Albert Redhead Justice of Appeal

The Hon. Ephraim Georges Justice of Appeal [Ag.]

CIVIL APPEAL No. 6 of 1997

Between:

Mark Bannister

Appellant

and

Anguilla Connection Limited

Respondent

Appearances:

Appellant in person

Mr. Courtney Abel for the respondent

1 BYRON, C.J. This is an appeal against the order of the Learned Magistrate that Mr. Bannister pays the sum of $3135.00 including costs to Anguilla Connection Limited. It gives rise to a simple point of law as to circumstances under which the drawer of a cheque may stop payment on it. The main facts were not in dispute, the particular circumstance being whether an agent can enforce a right to commission from its principal against the third party.

BYRON, C.J.

2 The dispute arose by virtue of the fact that Anguilla Connection Limited was acting as agents for Mr. Andreas Webster in the rental of property to Mr. Bannister. Mr. Webster confirmed directions that the rent was to be paid directly to him and not to Anguilla Connection Limited. Mr. Bannister had drawn a cheque in the sum of US $750.00 in favour of Anguilla Connection Limited on 23^rd August 1995, and then stopped payment before Anguilla Connection Limited negotiated payment through its bankers Caribbean Commercial Bank (Anguilla) Ltd. on 25^th August 1995. Mr. Bannister paid the rent to Mr. Webster directly. This adversely affected the interests of Anguilla Connection Limited who had not collected all of its commission from Mr. Webster and intended to make deductions from the rent collected before making remittances. Instead of resolving its dispute with Mr. Webster, Anguilla Connection Limited sued Mr. Bannister on the cheque. It argued that under...